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  • McDonald's hours Iowa

    I have been working at (fast food chain) (in Iowa) for about 6 months now and was enjoying it until about the last few weeks. They started not allowing me to clock on when scheduled and sent me home early (due to high labor). I suspect that sending me home early is 100% legal, but I question the legality of not allowing me to clock on when scheduled. For instance, today I was suppose to clock on at 9:30 and I did not get to clock on until 11:15, and last week I also waited 2 hours.


    Thank you in advance to whomever answers,




    Erook
    Last edited by cbg; 01-09-2010, 08:39 PM.

  • #2
    Sending you home before the end of your shift is legal; so is delaying the start of your shift, even before you have started working.

    However, in the specific case you mentioned, were you required to hang around from 9:30 to 11:15? Or were you told "we don't need you to clock in now, come back at 11:15"?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      For the future, do not list the name of your employer.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        I apologize to you cbg, and to your question patty, I was told don't clock in now. Nothing more, nothing less. When you try to ask them later to clock in, either they get annoyed, or you have a chance of clocking in. They don't have the common courtesy to call me and tell me not to come in till X time, which is great fun when I bike in the cold. I have even had an occasion where they did not let me work at all after making me sit around for an hour.

        They wont let you go home and call you either, due to someone not returning promptly (came back in 10 minutes.)

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        • #5
          If you are being required to sit and wait "in case" they need you to clock in, you must be paid for that time. It's considered "engaged to be waiting".
          http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.14.htm
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            No apology necessary - it's for your protection. We've had posters who were fired because of what they said about their employers on public forums - we don't want it to happen to you. I edited the name of out your post but I can't edit the subject heading.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Agree, this is pd. time.
              If your employer has you physically at their place of work, that is generally hours worked -- If you can't use this wait time effectively for your own purpose but must at all times be ready to act when work becomes available. This would usually be considered "engaged to wait" & the inactive time considered hours worked. The time belongs to and is controlled by the employer.

              http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.15.htm
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Thank you very much for the information. Now, how does one act out against this? Do I tell them next time that I am not allowed to clock in that it is unlawful to not allow me to clock in?

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                • #9
                  Just to be clear, what you are saying is not what the other responders are saying. You are talking about "clocking", which is not what the law says.

                  If you work, you must be paid, whether or not you clock. If your employer requires you to stay on premises, then that is legally hours worked. That is clear law. You are talking clear law, and trying to rearrange what is said in such a way as it is no longer clear law. The law does not say that it is "unlawful to not allow me to clock in".

                  May I suggest that you read the actual rules that you were given and make your argument in terms of what the law actually says?

                  http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
                  Last edited by DAW; 01-10-2010, 03:03 PM.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    Originally posted by DAW View Post
                    Just to be clear, what you are saying is not what the other responders are saying. You are talking about "clocking", which is not what they law says.

                    If you work, you must be paid, whether or not you clock. If your employer requires you to stay on premises, then that is legally hours worked. That is clear law. You are talking clear law, and trying to rearrange what is said in such a way as it is no longer clear law. The law does not say that it is "unlawful to not allow me to clock in".

                    May I suggest that you read the actual rules that you were given and make your argument in terms of what the law actually says?

                    http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
                    I have read over the sections that contained "engaged to work" and "working to engage."

                    'Finally, it is important to note that if an employer requires that an employee be in a designated area at a specific time to be ready to work, then that waiting time may be compensable, even if the employee doesn't do anything but socialize during that waiting time. The question is whether the employee is "waiting to be engaged" or "engaged to wait."'

                    http://findarticles.com/p/articles/m...21119042/pg_4/

                    However, on the schedule it tells me to come in at X time, and then they tell me to not clock in until they need me, which is "engaged to wait" due to it being during my work time. I don't understand where I led you astray though.

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                    • #11
                      It is not illegal for them to say, don't clock in.

                      It is illegal to refuse to pay you if you are required to remain on the premises, regardless of whether you are clocked in or not.

                      If they were to say, don't clock in - go home and we'll call you when we need you, that would be legal and they would not have to pay you.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                      • #12
                        Originally posted by cbg View Post
                        It is not illegal for them to say, don't clock in.

                        It is illegal to refuse to pay you if you are required to remain on the premises, regardless of whether you are clocked in or not.

                        If they were to say, don't clock in - go home and we'll call you when we need you, that would be legal and they would not have to pay you.
                        That makes sense now, so now when they don't allow me to clock in, and I ask them to leave the premises to return at a later time that they specify, or if they call me, and they reply no, then it is illegal? Does that sound like I am on the right path?

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                        • #13
                          What DAW was saying is that whether you are clocked in or not, if the time is considered "work time" - then you must be paid for it.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                          • #14
                            No. You are not.

                            If they say, don't clock in, and you ask if you can leave, and they say no, that is STILL not illegal. They can require that you remain on the premises.

                            BUT, if they do so, they are required to pay you for the time. If later, when you receive your paycheck, you were not paid for the time you were required to remain on the premises but were not clocked in, you would have the right to file a wage claim for the time. But keeping you on the premises is not, per se, illegal.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Originally posted by Erook View Post
                              That makes sense now, so now when they don't allow me to clock in, and I ask them to leave the premises to return at a later time that they specify, or if they call me, and they reply no, then it is illegal? Does that sound like I am on the right path?
                              Yes, if you can't leave but must wait to be called on to work/wait for work (whether clocked in or not), you must be paid. You're engaged to wait.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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