Is my employer allowed to prevent me from clocking in for my shift?
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Is my employer allowed to prevent me from clocking in for my shift?
I will be scheduled for a 4 o’clock shift, but due
to high labor, my employer requires me to sit
and wait for what may be hours before clocking
in. For example, I was supposed to work from
4-10, I was present all 6 hours, but only
allowed to work only paid for 2 hours. Do I
have to stay and wait for my turn to clock in?
Help
Asked on August 10, 2017 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Once you appear at your place of work at your scheduled time, ready and able to perform your job duties, then this is considered to be work time so you must be paid for it. This is true whether or not your employer allows you to clock in. The fact is that an employer cannot make a worker wait yet keep them "off the clock". This is because whether an employee is actually engaging in their job duties at the time, if they are at their workplace waiting for their employer to direct them as to what to do and they are not free to do leave, then this is time that is to be paid. Accordingly, if your employer does not want ot pay you, then they can let you go home but if you are required to remain at work waiting, then you are to be compensated for your time.
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