Forced to report to work early without compensation. New Hampshire

[Turnkey]

I am currently employed with the NHDOC. Since being hired in "97" we have always had a role call to assign posts to on coming staff. It has always consisted of 15 minutes prior to the begining of the our shift (there is language in our CBA addressing it). Now since the budget crunch the departments commisioner and the legislature have cut out the alloted monies for this time. A memo circulated several days ago by the current warden stating "All on coming officers will be asigned their posts at the main enterance up entering the facility. Each staff member is responsible for making it to there assign position by the begining of their shift (0700, 1500,2200) There will be zero compensation for off coming shifts if they are releaved late from thier posts. The on coming officer will be responsible for insuring that they are on time or disciplinary action will be taken."

Q: As it stands my schedule is 0700 to 1500hrs Tuesday threw Saturday. If I am required to show up for work early and the employer acknowledges it by clocking me in hould I be compensated? (there is an RSA stating that while I am on State property I have to uphold all state laws and defend the life of others)

[DAW]

I can give you the general federal rules (FLSA). One possible complication is that while as far as I know, "hours worked" are the same for governmental employees as anyhow else, governmental employees only are possible subject to "comp time".
http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

[Pattymd]

DOC-Department of Corrections? You're a correctional officer in a jail or prison? Union? How early?

[Turnkey]

Yes, I am a Corrections Sergeant currently assigned to NHDOC-Mens Prison. The Union is a subsidary of SEIU.

The administration will not formally set a specific time but we have to be at our assigned post at 0700. The Shift Commander will be at the main gate conducting role call and assigning posts as we walk in. We then have to walk through several secured gates and cross the prison yard durring chow movements to get to each posts (yes, the inmates are massed in the open yard at shift change, no lock down will be authorized).

[cbg]

So it's not that there's a rule saying you have to be there at 6:50, or anything of that sort; it's simply that you have to be ready to START WORK exactly at 7:00?

[Turnkey]

Yes, However we are checked off the schedule as soon as we arive at the main enterance prior to entering the secure facility. From that point we have to access several gates and doors that are part of a closed system (one door at a time). After that if keys or a fire arm is needed for the post that you are assigned to on that day you have to sign it out then. It may take as long as 15 minutes to get to your post. We as officers are now having to accomplish all this on our own time and possibley be to our posts.

[cbg]

This is how I read the law; Patty or Daw can tell me if I am wrong.

If there were a requirement that you MUST be there at, say, 6:45, then you would have to be paid for that time.

However, that's not what's happening. All that's happening is that you're being required to be ready to start work EXACTLY at the beginning of your shift. You're not being given any grace period to, say, clock in at 7:00 but begin work at 7:15.

The law does NOT say that you have to be paid for all the time on your time card. It says you have to be paid for all time WORKED. That's what's happening. You're being paid starting the point at which you begin WORK. That is legal.