#WorkRights #TimeKeeping #LegalIssues
Hey everyone! 👋 Have you ever experienced being required to clock out during scheduled shifts and wait until labor is lower to clock back in? 🤔 Is this even legal?
Here are some key points to consider:
– The time clocked out is usually anywhere between an hour to FOUR hours 🕒⏳
– you are not allowed to leave the building during this time 🏢🚫
In the USA, this raises some concerns about labor laws. Here’s a possible solution that may help:
– Familiarize yourself with labor laws in your state 📚🇺🇸
– Reach out to your HR department or supervisor for clarification on company policies and procedures 🤝💼
Let’s discuss more about this topic and share any insights or experiences you may have! 🗣💬 Your input can help others navigate similar situations.
It’s probably not legal, but you need to give a location.
If you are anywhere in the US this isn’t legal. The clocking out is not the issue. The not letting you leave when you do is.
This is going to be an issue of being engaged to wait, or waiting to be engaged.
If you are not in control of your time (like you aren’t allowed to leave the facility) then you are engaged to wait and the time must be paid.
If you are in control of your time and are free to do whatever your want then you are waiting to be engaged and the time isn’t paid.
The odd wording is because that’s how the Fair Labor Standards Act refers to it, so if you search those specific terms you can find a lot more information to show your employer how they’re breaking the law.
It’s not legal at all to make you clock out but not allow you to leave.
Even on lunch breaks and such where you’re supposed to be clocked out, it’s legally *your* time and they cannot force you to remain at the workplace.
If you don’t aren’t being paid you have to be permitted to do whatever you want, including leave.
Your state labor board can take a complaint and get you back pay for the clock out times (or federal Dept of Labor if your state doesn’t have one).