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At my work we are starting a 12 hr hour shift 6pm to 6:15am,

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they r requiring us to...
At my work we are starting a 12 hr hour shift 6pm to 6:15am, they r requiring us to be there at 5:45pm to have a preshift, after that they want us to clock in at 6:pm and start work, if they are telling us to be there ready to work by 5:45pm shouldn't we be getting paid for those 15 minuntes?
Submitted: 2 years ago.Category: Employment Law
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Answered in 4 minutes by:
1/29/2016
Employment Lawyer: Delta-Lawyer, Lawyer replied 2 years ago
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3,546
Experience: In-House Counsel & Litigator
Verified

I hope this message finds you well. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.

The answer is yes, if you are an hourly, non-exempt employee, if they are requiring you to be there at 5:45 then that time must be counted towards your hours worked, and even overtime if you go over 40 hours of work in one week. There is no other way around that simply fact, unless you are a salaried employee. If you are salaried, they can require you to do this without extra pay or credit. Tell them you have spoken with counsel (which you have now) and that the FLSA requires them to pay for this time from the moment they are supposed to be on site.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my response.

Best wishes.

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Employment Lawyer: Delta-Lawyer, Lawyer replied 2 years ago

Just checking to see if you had any additional questions or comments. I want you to be as comfortable as possible on this issue moving forward. Thanks

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