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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I am ordered by my Supervisor to clock in 7 minutes prior

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I am ordered by my Supervisor to clock in 7 minutes prior to my shift start. So that I can go on an assignment regarding an accident investigation. I go and respond. Then I submitted an Overtime slip which was denied. The Supervisor is arguing that I was already on the clock and it was only 7 minutes. He states if it was 8 minutes he would pay.


Thank you for your question.

Assuming you qualify for overtime, you are owed it for all the time you are clocked in. Your supervisor cannot arbitrarily deny you the overtime for the 7 minutes you were clocked in. If the company does not pay overtime, you may file an overtime claim with the state.


Customer: replied 4 years ago.

we have a period of time between 7 minutes to start of shift to clock in. We can CHOOSE to clock in at 7 of, 5 of, 3 of or wait till shift start. That 7 minute time period is our own time. We have been directed not to start work until shift start. In this case I was ordered to start work at 7 of. I believe that makes it Overtime. Human Resources is claiming the de minimis rule, but I don't think that applys here, because I was ordered to start work.

You would only be due overtime for the 7 minutes that you worked. De minimis means that this is time period is too little of a time period to be considered as a violation. However, being ordered to clock in at a certain starts the work period. If the company is not paying you according to what the time clock says, then they are likely in violation of the law.

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