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Not on the clock but not allowed to leave work Ohio

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  • Not on the clock but not allowed to leave work Ohio

    I am an hourly associate in a warehouse.

    When I arrived at work Saturday morning for my scheduled shift (start time 4:30am) the shift supervisor would not allow me not to clock in because the trucks that contained the materials needed had not arrived yet. Although I was not on the clock when I asked if I could leave work I was told no. My boss made all of the hourly employees sit in the break room off the clock until the trucks arrived at the dock almost 2 hours later. We were then told to clock in and begin work. Can an employer force hourly associates to do this?

  • #2
    Yes, they can do that.

    But, since you were not allowed to leave, you must be paid for the time, even if you were not clocked in.
    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
      Agree you must be pd. since this time belongs to & is controlled by the employer.
      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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      • #4
        And here's the FLSA regulation that says so.
        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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        • #5
          Thanks

          Thanks for the info. I spoke with upper management and was eventually told I would be paid for my time. They told me the situation was handled incorrectly and I should have been asked to stay, not told to. Thanks again!

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          • #6
            You're welcome.
            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


            • #7
              I believe the formal term for that is "Engaged in waiting" **correction: Engaged to wait** corrected per comment below.
              You're being paid to wait for further instructions/actions basically
              Last edited by Caine; 02-15-2010, 04:54 PM.

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              • #8
                Engaged to wait - it's in Patty's link above.
                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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