I work in CA. I'm scheduled at 8 but i alwyas arrive 5-10 min. early but dont get paid? is it legal?
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I work in CA. I'm scheduled at 8 but i alwyas arrive 5-10 min. early but dont get paid? is it legal?
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michr
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IF You are hourly you normally are paid for whatever hours you are on the clock however....................................
there are payroll systems that round the time forward or back to the nearest quarter hour and they are LEGAL(as long as they go both ways).
these systems round forward after 7 minutes into the quarter hour and back 7 minutes or less into the quarter hour.
example if you clock in at 8:07 the system makes that time 8:00 and if you clock in at 8:08 it makes that time 8:15
or
clock in at 7:52 it makes it 7:45
but clock in at 7:53 it becomes 8:00
this is for ease of payroll preparation and as long as time is balanced so you can receive free time as well as lose time then the system is legal.
the record of time punches must show the actual in and out times but those times may be rounded by the system to quarter hour increments for payroll purposes
when you are paid hourly it does not matter if you are asked to clock in early or not if you are on the clock and working you are to be paid....................
your employer may discipline you for clocking in/out early or late but that does not mitigate their responsibilty to pay you when you are on the clock.
the idea that this is some how "volunteer" time or that you don't have to be paid because you were not asked to clock in is meritlous in the eyes of the law.
these pay systems do in fact punish you at times but they also reward you as well, so the balance makes the rounding of time legitimate.
just be aware of the time and which way it rounds and use that to your advantage..............
but also be aware of the risk of discipline and job action by the employer if you abuse the system. |
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Cari
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Yes it's legal, if no-one asked you to arrive early.
That said, you should be arriving at work early anyway. If you're scheduled to start at 8:00 then that means you're ready to go at 8:00, not that you're firing up your PC / getting a coffee / whatever else you do at the start of the day.
Besides, most employers round pay to the nearest 15 minutes, whether this is up or down. So if it's only 5 minutes then you shouldn't expect to be paid. |
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massiji
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If you are schedule at 8 am the you should be punching at 8 am not early then that. if you r punching at 7 45 am that should count your volunteer time . if you go fifteen mints early because you sign in early that's your mistake . if you need your hrs change talk to your supervisor. if you add ten mints every day it adds up I don't know if your company should pay you the hr you did not agree to work. if you fight for it your company will show the agreement sheet where you sign that you agree to start your work from 8 to 4 or what ever your agree ment is . if you are dedicated worker don't go for pennies look at the big picture and always be on time to start and be on time to leave and your responsibility to take short breaks.go with the agreement what you sign.that is the law for you your agreement.here people will give you answer what information you provide but it is best to talk to your HR. |
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bigdaddy
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Yes you should always arrive early for work. It shows dependability and gives you time to switch from normal person to work person. |
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danny14551
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Yes. Even if you clock in they do not have to pay you for time you are not scheduled (unless you are doing approved overtime). Plus your company might have a policy against punching in early. |
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callmechurra
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Are you filling out a timesheet (or punching a time clock) showing that you arrived at 7:50 or 7:55? If so and you're not being paid for those 5 or 10 minutes, then yes, it probably is wrong.
But if you're scheduled to work at 8:00, then I would suggest just starting work then. That's probably what your employer wants you to do and they just don't have the brains to tell you that. |
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Francesca Thomas
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get to work early, but DO NOT punch in early.
Clock in at the right time.
I always like to relax a short while before I start work. Especially if its hot outside and I need to cool down - such as it is today.
I once had an employer who was supposed to have the 5 minutes grace rule, if you punched in up to 5 minutes late, then you started on time for pay roll purposes. BUT I couldnt get to work any earlier because of the buses. So when the boss told me to stop punching in late, I had to come in a whole half hour earlier (by bus) just to be on time. I quit the job a few weeks later. |
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corgi1922
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Are you eligible for over time (non exempt employee)? Are you actually working for those 5-10 minutes? If the answer to both is yes then you must be paid for the time you work over your hours. Also remember that overtime is based on a 40 hour work week. You should be paid overtime for anything over 40 hours provided you are nonexempt and are actually clocked in/working.
Cali has a lot of laws that favor employees. Check City or State website. There should be details on there. |
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