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  • #16
    Originally posted by cbg View Post
    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.
    I'm sorry for being vague, that is what I meant with keeping me on the premises (the fact of them not paying me being illegal.)

    But for me to be "engaged to wait" they would have to not allow me to leave and I would have to be scheduled and I would have to have been told that I am going to clock in later. Those are the conditions that I noticed.

    Thank you for all your researching expertise and sharing your knowledge of law, if anything sounds wrong out of my list of conditions, or if I am lacking any conditions, please tell me.


    Thanks,



    Erook

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    • #17
      Once again, just to be clear, whether you are clocked in or not, if your employer will not let you leave the premises but must remain & wait for available work - that is engaged to wait & must be paid.
      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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      • #18
        Where we're getting into trouble is that you seem be thinking that keeping you on the premises is illegal. It is not.

        What is illegal is refusing to pay you for the time.

        You're going to get yourself in trouble if you try telling your employer that he cannot require you to remain on the premises. He can. What he can't do is require you to remain on the premises WITHOUT PAYING 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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        • #19
          Originally posted by cbg View Post
          Where we're getting into trouble is that you seem be thinking that keeping you on the premises is illegal. It is not.

          What is illegal is refusing to pay you for the time.

          You're going to get yourself in trouble if you try telling your employer that he cannot require you to remain on the premises. He can. What he can't do is require you to remain on the premises WITHOUT PAYING YOU.
          Hence I established such by stating that I need to have certain conditions met. I have reestablished such a few times.

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          • #20
            So, we're clear now?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #21
              Originally posted by Pattymd View Post
              So, we're clear now?
              I believe we are, but I might as well check by setting up a "mock-trail."

              For instance: One day I am scheduled at 9:00 AM, I come in before 9AM and wait till 9AM comes around and go to a manager and ask them if they want me to clock in. They tell me that they don't need me right now. When I ask to go home and come back at a later time when they need me, or at a time when they call, they respond with no nor will they tell me at what time they do need me.

              If I am correct, I am "engaging to wait" and they should be paying me for that time.

              I will double check this tomorrow with my Business Law teacher, I just remembered that I was taking that class this semester.


              Thanks again for all the enlightenment.

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              • #22
                In the case above where you are on the premises waiting to be called on to start work, yes, you are engaged to wait & that time must be paid starting at 9:00am.
                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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                • #23
                  Probably ought to change the employers name in the title also...
                  I find that the harder I work, the more luck I seem to have.
                  Thomas Jefferson

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                  • #24
                    If there's a way for me to change the subject heading, I haven't found it yet.
                    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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                    • #25
                      I haven't either - not in the subject heading (title).
                      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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