Question
We have a question about our nonexempt employees. We require them to arrive 10 minutes before their shifts start so they’re ready to go as soon as their shifts begin. They don’t really perform any “work” during these 10 minutes; they just hang around and wait for their shifts to begin. Our employees have been complaining that we should pay them for this time, since we require them to be here. Do we need to pay them for this time, since they aren’t actually “working” yet?
Answer
The federal Fair Labor Standards Act defines the term employ to include the words suffer or permit to work. Suffer or permit to work means that if an employer requires or allows employees to work, they are employed, and the time spent is probably hours worked. An employer may hire a person to do nothing or to do nothing but wait for something to do or something to happen. A person hired to do nothing or to do nothing but wait for something to do or something to happen is still working.
Thus, as a general matter, if an employer requires employees to report to work before the start of their shifts, the employer might create a duty to compensate employees for this time. Additional federal, state and/or local laws may also apply. Employers wondering whether they owe employees compensation for any specific amount of time that they were at work (including before the start time of their shifts) should contact local counsel for a specific legal opinion.
The HR Question of the Month is provided by Zywave®, a company wholly independent from Federated Insurance. Federated provides its clients access to this information through the Federated Employment Practices Network with the understanding that neither Federated nor its employees provide legal or employment advice. As such, Federated does not warrant the accuracy, adequacy, or completeness of the information herein. This information may be subject to restrictions and regulation in your state. Consult with your own qualified legal counsel regarding your specific facts and circumstances.
Federated Insurance is an ACCA Platinum Strategic Partner. To learn more about our Strategic Partnership Program, contact partners@acca.org or visit acca.org/partners.
The post Do employees need to be paid for arriving early to work? appeared first on ACCA HVAC Blog.