I work as a part time hourly merchandiser and my supervisor just made a new rule. "everyone must be at the store and ready to work at 5:55" however we will not begin to get paid until 6:00. Is this legal? Five minutes does not seem like much time however it adds up. I work 4 sometimes 5 days a week and that is 20 to 25 extra minutes I should be getting paid every week.
You should be paid for all time you are required to be available to work. How is your time recorded? You should complain to your supervisor and his supervisor or human resources about getting paid for all time you are required to be available to work. If your complaint if not adequately addressed or you are treated negatively for complaining, then contact an employment attorney.
He has to pay you for that time. Technically it could be at minimum wage, but that will be judge dependent. But 220 days a year times five minutes is 1100 minutes which is about 20 hours time say 10.00 an hour is a totall of 200.00. A question you will be asked is, how many other people are being required to do this. Because 200 to some judges is de minimis. But if there are 10 of you, the employer will settle.
but you will then be on the bad list and will ultimately be mistreated. Employers never see it the way the employee does. And always the employer is taking money away.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline