i have worked for a pharmacutcal glass company for 20 years. i work everyday on 2nd shift 3:00 to 11:00, i have always clocked in by 20 after 2:00. yet i only get paid for 40 hours {basic work week}. my company is now closeing our plant in warsaw indiana. sense my management and coworkers see me there early and working should i be paid back pay. since they have a resonable expectation im there. thank you very much for your replys

So, are you an exempt or a nonexempt employee? Are you paid hourly? This is critical to the answer.

If you are an exempt employee, there is no legal requirement for you to be paid any additional compensation no matter how many hours you work.

Assuming you are nonexempt, however, then the question becomes what are you doing during that 40 minutes? If you merely clock in early for your convenience and do not perform any work during that period, the employer is not required to pay you for that time, clock in or not. If you ARE performing services, then you must be paid.

thank you for reply. im paid hourly , i due my paper work, and begin checking things before 3:00. i realize they dont force me in early, however i have always done this to help myself have my work done well.thank you

Then you must be paid for that time. Even though the employer may not have requested you come in early, they are expected to know that you did and you have been "suffered" to work. You can file a claim with the state Dept. of Labor for unpaid overtime.

Now, they can discipline you for working unapproved overtime if they wish, they just can't do it by withholding pay for time worked.