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Scheduled but made to wait to puch in until "busy" California

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  • Scheduled but made to wait to puch in until "busy" California

    My wife works at a franchised Mexican restaurant as a hostess/server. Several of her coworkers have told her that the general manager has not let them clock in at the start of their scheduled shift, and has made them wait to clock in until someone else is let go or the restaurant becomes busy. I am pretty sure this is illegal, but I'm having trouble locating the section of the California Labor Code that addresses this issue. Any help would be great.

  • #2
    Time "engaged to wait" is considered hours worked under the law.
    My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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    • #3
      They're required to stay and wait, correct? Here are the applicable FLSA regulations:
      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.14.htm
      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.15.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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      • #4
        Furthermore, even if you can infact leave and come back you are still entitled to reporting time pay.
        My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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