Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

waiter: pre-clock in, post clock-out work. Texas

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • waiter: pre-clock in, post clock-out work. Texas

    my employer wants me to work 15 minutes before clocking-in and up 10 minutes after clocking-out (i did the math, up to 108 hours a year).

    i realize that i only get $2.13/hour, but the fact that i have to work before and after punching-in or out is crazy, but, is it legal?

    somebody please help.

  • #2
    Not legal, but I am uncomfortable with your wording. First of all "clocking" in is legally nothing. Talking about "clocking" just muddies the waters, so to speak.

    Your employer must pay you based on actual hours worked.

    See how straight forward the above sentence was? No talk of "clocks", "before" and "after". No talk of things that the government does not care about.

    You personally need to start keeping track of your time worked at home. Pen and paper is fine. Do not use employer's time or equipment to do this. Do not tell your co-workers because at least one of them will tell your employer. While you are doing this, read the following in it's entirety:
    http://www.dol.gov/whd/regs/compliance/whdfs15.htm

    As far as I can tell, TX is just like the feds as far as tipped employment goes:
    http://www.dol.gov/whd/state/tipped.htm#Texas

    At what point you can actually document that your employer is not paying you for hours actually worked, you have some options.
    - File a wage claim with federal DOL.
    - File a wage claim with state DOL (TX-TWC).
    - File a small claim court action.
    - Talk to an attorney about filing a general court action.

    Your state is not my state and I have no idea which line of recourse is best for you. You can also try talking to your employer but that is one solution that offers no protection if you are fired.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Just to be sure it is clear, "working" means exactly that. Working. Not, all the time you are on the employer's premises, regardless of what you are doing. Working.

      See the explanation in this thread:

      http://www.laborlawtalk.com/showthread.php?t=275734
      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.

      Comment


      • #4
        Originally posted by cbg View Post
        Just to be sure it is clear, "working" means exactly that. Working. Not, all the time you are on the employer's premises, regardless of what you are doing. Working.

        See the explanation in this thread:

        http://www.laborlawtalk.com/showthread.php?t=275734
        by "working".... does that include setting-up my section(polishing glasses, wiping tables, etc...)? the boss wants us (the servers) to show up 15 minutes early to set up(pre clock-in).

        does "working" mean waiting in the back for the boss to take my cash-out(he expects me to clock-out and then wait for him), waiting up to 20 minutes?

        Comment


        • #5
          Yes, it would include all the set up. That's working, even if it's not your primary duty.

          It would also include waiting for your boss, if you are required to be there and not permitted to leave until he gets there.

          If you're REQUIRED to be there, it's working.
          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.

          Comment


          • #6
            Agreed. If the employer controls your time, then it is work time. Grey areas are things like you putting on specific clothes or uniforms that you could have done at home but for which you CHOOSE not to. You might also want to read the following. If the employer is telling you to do something, the employer is controlling your time.

            http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X