I work as a waitress at a popular restaurant. We have a really screwy way of working things.

We are required to be there by 4:55 for work at 5 (that's fine and understandable). Now: We must wait to punch on (considered on-call) but aren't allowed to get paid.

So, If I'm am one of the first cut waitresses, I sit at our bar for up to however many hours (the longest for me was 3 and a half hours) and they won't pay us. Sometimes I go to work, sit to wait unpaid and then don't ever punch on, just get sent home because they don't need me.

I've been there for 3 years now and have just done what they ask but now we have to be "on-call" in the basement of our restaurant which is completely disgusting. Anyhow, I am wondering if there is any law that if we are required to be on the work premises that I have to get paid. They require our time and do not pay us for that. If anyone knows the answer, or any websites I can find laws at, it would be SO helpful. Thank you very much.

This matter is addressed under 29 CFR 785.17. Based on your post, your "on-call" time should be compensable. By forcing your to remain on-site at your wife and restricting your ability to leave and do as you choose, the time spent waiting would be defined as time worked. Here is a link to the reference: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.17.htm.

remain on-site at your wife

:confused: :eek: :o

:confused: :eek: :o

Forgive me! It was a jumbled thought! :rolleyes:

I meant to say "by forcing your wife to remain on site and...".

Forgive me! It was a jumbled thought! :rolleyes:

I meant to say "by forcing your wife to remain on site and...".

It certainly was!!!!!:D