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Payment for Time Worked Massachusetts

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  • Payment for Time Worked Massachusetts

    Can an employer tell his employees that they are all now required to report to work 10-minutes before their scheduled start without paying them for that time?

  • #2
    Can they TELL them that? Sure, they can TELL them that.

    Whether or not they would be in violation of the law if they actually refused to pay them for the ten minutes would depend on facts we do not have here, such as whether or not the employees are exempt or non-exempt, and what happens if the employee works ten minutes late.
    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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    • #3
      Thank you for answering my question so quickly!

      This is a small medical office and I believe that these particular workers are non-exempt. They get paid by the hour. If they work ten-minutes over then they get paid for it. They receive overtime when they work over 40 hrs a week.

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      • #4
        Then I'll let one of the payroll experts get into the details of when rounding time is legal and when it isn't. Over to you, Patty and DAW.
        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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        • #5
          Originally posted by cbg View Post
          Then I'll let one of the payroll experts get into the details of when rounding time is legal and when it isn't. Over to you, Patty and DAW.
          Gosh, thanks.

          If the employee is required to report, then that is compensable time, because it is under the control of the employer. Anyway, since rounding can only be done to the nearest quarter-hour, this "10 minutes early" would have to be rounded (if this employer rounds at all) to no more than "15 minutes early".
          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
            You have two different issues here:

            - Is the employee "engaged to wait" or "waiting to be engaged"? What you have said sounds like the mandatory 10 minutes is paid time.
            http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

            - How the rounding rules work once work time as been determined is as follows.
            http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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