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This is a question for a "labor law" specialist. I have an

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This is a question for a "labor law" specialist.I have an employee that shows up to work about 15 minutes early. Sometimes it is 20 or more and sometimes it is less. When he comes to work he immediately starts to tie-in with the on shift supervisor. That supervisor works 1st shift and my employee lead is a 2nd shift employee. I have been paying this person from clock in since he is actually working by being briefed. He is non-salary. The problem is that the 1st shift supervisor is saying that I should not be paying him because his shift starts at 3pm. I disagree since he is actually working. I need your thoughts because I do not want to change his time and be in violation of a labor law. I have always been told that non-salary has to be paid in situations like this.
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Answered in 8 minutes by:
6/2/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,375
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The 1st shift supervisor is wrong. Not just a little wrong, but so wrong it would result in a Department of Labor investigation and fine if you followed that advise (and you are free to pass that along to the supervisor). Labor law requires that you pay someone when they are working. If this employee is working, it is paid time and he should be paid for it regardless of when his shift starts.

Now, if you don't want to pay the person the extra time, you can certainly order the person to stop showing up early, and make it is punishable offense to do so, but the worked time must be paid.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,375
Experience: Employment/Labor Law Litigation
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Customer reply replied 6 months ago
Do you know or can share the regulation or directive from Dept. of Labor? Also, would HR support me on this? Lastly how would I word my memo back to him....just I idea. Thanks.

It is just the Fair Labor Standards Act.

HR has to support you on this. It is the most basic concept of wage and hour law there is.

https://www.dol.gov/whd/regs/compliance/whdfs22.pdf

You can see there that the information put out bu the Department of Labor were they specifically notes "the workday may be longer than the employee's schedule shift, hours, tour of duty, or production line time."

What matters is the time frame during which the employee is engaged in any activity related to their employment.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,375
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Experience: Employment/Labor Law Litigation

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