Western Members - can a boss force you....

to come in 10mins prior to your shift AND not pay you for it?
we were just hit with that today, and whoever is late gets a formal warning.

technically he pays you to work from X:XX not X:YY...

catch my drift

I would say most companies would like you to be there and ready to work at least a couple minutes ahead of your actual start time.I usually get to work around 5 to 10 mins early just so i know ill be on time.

we are already there before our shift starts. and we dont get paid by our time cards, we sign each day our work orders with 8hrs. the time cards are just for there safety. snd my boss is a total ass.

That sounds odd the way they have that set up.In this economy i would deal with it till you can find something better.I wouldnt stir the pot and draw to much attention to yourself in the mean time.I just smile and in my mind im thinkn id love to snap your frackn neck.lol.

Schedule doesn't say so then no. It's not in writing basically.

Talk to the HR department. Thats the only place you'll get the right answer. One of their jobs is to ensure the company isnt doing anything illegal or will get them sued.

I'm sure that OSHA would be very interested in your story, however keep in mind that California still remains an "At Will Employment" state and can terminate you for any given reason.......good cause, bad cause, or no cause at all.

No. Tell him to fuck off and give him a formal warning of a lawsuit

I think telling him to fuck off would be the wrong way to go, talk with hr see what they say, just look for another job man, its not a booming job market out there so wait untill ya have something in line, just show up 15i mins early with the wanted adds in your hand lol

Republik of Kali is a "fire at will" and they can fire you at any time with or without a reason. I don't think that they can force you to be at work 10 mins early, but they can and will discharge you for not actually working at the correct time. Just as in school, I would rather get there early than stay late. What they will write you up for is not being at your work station and starting work on time.

is it legal no, but... If he were to fire you, you could try and sue him and things of that matter. but you will still be out a job. If its a big company might be worth it alittle company good luck

Call channel 7 news.....Im sure a newsvan and a nosey reporter will rile them up a bit.

It's 10mins get over it , there's days ill work 16+ hours straight , without a lunch or a break. Why ? Because I like to make money and putting in some extra effort will get you more of it.
I started my job as a fresh newb , with in 6 months I was moved into a supervisor position and now 5 years later, I am shop/project/field manger. Only person I answer to is the company owner
A little hard work goes a long way

It's 10mins get over it , there's days ill work 16+ hours straight , without a lunch or a break. Why ? Because I like to make money and putting in some extra effort will get you more of it.
I started my job as a fresh newb , with in 6 months I was moved into a supervisor position and now 5 years later, I am shop/project/field manger. Only person I answer to is the company owner
A little hard work goes a long way

I agree

Technically they cant punish you for being late until you are actually late, and even then most places have a grace period. Ofcourse you you should be there a little early and they can ask you to be but punishing you if you are not there 10 minutes early is not right.

That being said its really not a big deal. I love the comment about the channel 5 news lol. I really hope that was sarcastic. There are FAAAAAAAAR more illegal things going on all over that are reported to Cal OSHA and every other place and still nobody does anything about it.

That's a huge liability on their part. If someone were to be working, but not on the clock, and got hurt somehow that could definitely be a lawsuit.

That, and just not paying your employees to work is illegal.

OSHA, or Occupational Safety Health Act is strictly interested in health and safety issues and will not accept other complaints & reports of a legal issue unless they can or will end in industrial accidents / health issues.
I believe for legal issues such as above they would have to be reported to the Republik of Kalif Board of Equalization.

If he asks you to come in 10 minutes early to be prepared for work, don't worry about it.

If you come in 10 mins early for work and he puts you to work, then document the occurrences where you weren't paid OT. Over a long enough time frame, it may amount to something.

I would not rely on HR to help you out. Their sole purpose is to protect the employer, not you.

Complaining about this is stupid. Do you expect to be paid for the time spend driving to work? Consider the 10 mins a buffer time to make sure nobody has the excuse that they were stuck in traffic. If it were 30 mins or an hour then its worth complaining about.

Just be happy you have a job...so many people these days dont have one, and would love to have a boss to give them stupid rules like this.

sounds like we have a union worker......

its 10 F'ing minutes. it not like you can get a whole lot done in ten minutes. just be happy you have a job. theres plenty of people out there that would give anything to be in your position. now im not saying to bend over backwards but just be HUMBLE and get your ass to work. 2cents....

sounds like we have a union worker......
OK, I give up. Who's the union worker?

to come in 10mins prior to your shift AND not pay you for it?
we were just hit with that today, and whoever is late gets a formal warning.

it depends. if you walk in right at the time you're supposed to start, can you start work immediatly? if not, then he can i think. if you're paid from 6am till2pm, then they can expect you to be able to be working at 6am....not getting to work at 6am, then taking 10 minutes to clock in, hang your coat, gran a coffee, etc.......

I'm sure that OSHA would be very interested in your story, however keep in mind that California still remains an "At Will Employment" state and can terminate you for any given reason.......good cause, bad cause, or no cause at all.

just an FYI......no one is perfect....therefore, there is ALWAYS a good reason to fire any given person, if the supervisor/manager/boss person so desires.

This whole question hangs in the legal definition of the term "late".
The company wants a employee to arrive 10 mins before his / her start time, but will not write them up until they are not at their work station at work by their start time. However, they would like for an employee to think that they will be written up if they are late for the 10 min arrive before work time.

our union contract allows it. up to 15min before and up to 15 min after. it is more of a way to deal with an employe being late. they get the hint real fast

While I agree its not a big deal and I wouldnt care I was going at it from a technical standpoint. At my job I get unlimited overtime so usually Imm working 50-54 hours a week

hahaha. 10 damn minutes. really?? you should be there that early anyways.

Try being a mechanic, my freinds says there are days he don't get paid for his time spent there or even does work for free.

Try being a mechanic, my freinds says there are days he don't get paid for his time spent there or even does work for free.

Thats because they are paid by the job, I know because I work with them. If its a slow day they arent making anything.

I'm salary, so my work could could make me work 16 hours a day if they want .... however, I worked at a company that did that, so I quit. My new company doesn't do that. Mu advice is be the best at what you do, and you can get away with working 7 hour days :)

Technically no, but if you think about the time and cost to fight it, it is not a good idea to fight I pretty much work through lunch but I have to put down I took a lunch and I don't get paid for an hour, they also screwed me out if $500 extra a month but it is a job. Just work and wait it out.

Technically no, but if you think about the time and cost to fight it, it is not a good idea to fight I pretty much work through lunch but I have to put down I took a lunch and I don't get paid for an hour, they also screwed me out if $500 extra a month but it is a job. Just work and wait it out.

a few years ago Enterprise rent-a-car went through a class action suit over doing this. They made us log out because legally we are entitled to a 1 hour lunch, but it was a "working" lunch where they supplied the food.

BTW off topic but I dont participate in Class action suits usually. I get $.50 while the lawyers get $millions.

a few years ago Enterprise rent-a-car went through a class action suit over doing this. They made us log out because legally we are entitled to a 1 hour lunch, but it was a "working" lunch where they supplied the food.

BTW off topic but I dont participate in Class action suits usually. I get $.50 while the lawyers get $millions.

The only one I participated in was against Sprint, I got $900 after taxes for a similar suit. I was happy they were jerks lol.

I really don't mind my current situation I just take the OT when I can get it, heck I have 10+ hours of OT coming up soon.

Try being a mechanic, my freinds says there are days he don't get paid for his time spent there or even does work for free.

i've been turning wrenches since around 1985, and have never not been paid for a days work.

If he puts you to work before you are clocked in, it is illegal. How stupid are some of these comments saying otherwise..

However, in this day and age it is hard to come by a job. so you decide, do you like your job? if you do, then just go along with it until you are fed up.

your seriously bitching about not being paid for 10 minutes?

i've been turning wrenches since around 1985, and have never not been paid for a days work.

depends where you work some places are commission based. some hourly plus commission. seems like you dont know about how many shops operate. and you've been working over 25 years?!

depends where you work some places are commission based. some hourly plus commission. seems like you dont know about how many shops operate. and you've been working over 25 years?!

i know exactly how they operate. even in flat rate shops, you get a guaranteed minimum. i've never seen a shop that doesn't do that.....in fact, i think it's illegal. i could be wrong there though.

oh yea....i didn't job hop much. i'm good at what i do, and have never been fired/layed off/let go.

your seriously bitching about not being paid for 10 minutes?

It doesn't sound like he's bitching about that part, its the part where he could be fired for not being early.

a few years ago Enterprise rent-a-car went through a class action suit over doing this. They made us log out because legally we are entitled to a 1 hour lunch, but it was a "working" lunch where they supplied the food.

BTW off topic but I dont participate in Class action suits usually. I get $.50 while the lawyers get $millions.

Vatozone had a class action lawsuit as well for similar circumstances plus unpaid breaks. We're talking about multimillion dollar lawsuits. One manager that worked with the company for 2-3years got $2,500+. Now, employees are required by autozone to log or they can get written up.

If he puts you to work before you are clocked in, it is illegal. How stupid are some of these comments saying otherwise..

However, in this day and age it is hard to come by a job. so you decide, do you like your job? if you do, then just go along with it until you are fed up.

I agree, just because some people don't mind getting screwed doesn't means its ok. 10 minutes a day might not seem like a lot but it's about 50-60 minutes a week, 3-4 hours a month, 36-48 hrs a year etc.

You have a claim for wrongful termination if you get fired for retaliation after "whistle blowing." To each their own I guess.

It doesn't sound like he's bitching about that part, its the part where he could be fired for not being early.

do you understand why they want him in there 10 minutes early?

do you understand why they want him in there 10 minutes early?

Clarify your question and how it pertains to my previous statement.

Clarify your question and how it pertains to my previous statement.



ok. presume starting time is 8am.

they want their employees in there 10 minutes early, so that they are at their work station, and working at 8am. so if they show up at 5 of 8, and are now 8:04 starting, they are in effect, late. if he shows up at 8, and cannot be working till 8:10, then that is 10 minutes of lost production time.

that is why i asked if you knew why they want them in 10 minutes early.

i'm not like that. i've specifically told my part time mechanic if he's a few minutes late, i don't care, as long as it doesn't turn into an hour.

ok. presume starting time is 8am.

they want their employees in there 10 minutes early, so that they are at their work station, and working at 8am. so if they show up at 5 of 8, and are now 8:04 starting, they are in effect, late. if he shows up at 8, and cannot be working till 8:10, then that is 10 minutes of lost production time.

that is why i asked if you knew why they want them in 10 minutes early.

i'm not like that. i've specifically told my part time mechanic if he's a few minutes late, i don't care, as long as it doesn't turn into an hour.
I am not sure why the OP needs to be there 10 minutes early with the exception of being ready to start by 8am.

Depending on the job, an employee could conceivably walk in the front door and begin working. If it takes 10 minutes to prep, depending on the prep it could go either way. If the boss wants an employee at the place of employment 10 minutes early and no work functions are performed, then take the good with the bad (my opinion). That is personal time, provides a buffer, and ensures availability.

Example 1: I work at U-Haul, I walk in the front door with my uniform on, clock-in, and am ready to work. No work prep time.

Example 2: I work a customer service job where I answer phones starting at 8am. If I need to turn-on a computer, log into a program to track calls, get my headset on, etc., I should be paid for that prep time. I arrived ready for work, but there are work preparations that need to be completed.

Example 3: I work at McDonalds, arrive in street clothes, and need to get in my uniform. I arrive 10 minutes early to do so. I should not be paid for that time since I did not arrive prepared to work.

Example 4: I work at The Gap and arrive 10 minutes early per my supervisor. He chooses to conduct a meeting to prepare us for the day. I should be paid.

Getting to work early is good practice. Being threatened by a supervisor to arrive early or face discipline, in the current state of employment, would anger me.

to come in 10mins prior to your shift AND not pay you for it?
Sounds like there are some bad apples where you work. Your supervisor is probably frustrated by clock watchers who habitually arrive exactly on time or a couple of minutes late with lame excuses. You know the guy -he runs in the door at 8:01 and sits in the bathroom for ten minutes, then hits the coffee pot, acting like he's "at work". That is the fuckhead your supervisor is trying to get a handle on. That kind of guy is the fuckhead that drags down the whole workplace and is usually the first to complain. The smart guys who want to progress at work don't mind being a little early. They are smiling, in uniform and have their act together before 8:00 and are anxious to start work on time.

I am not sure why the OP needs to be there 10 minutes early with the exception of being ready to start by 8am.

Depending on the job, an employee could conceivably walk in the front door and begin working. If it takes 10 minutes to prep, depending on the prep it could go either way. If the boss wants an employee at the place of employment 10 minutes early and no work functions are performed, then take the good with the bad (my opinion). That is personal time, provides a buffer, and ensures availability.

Example 1: I work at U-Haul, I walk in the front door with my uniform on, clock-in, and am ready to work. No work prep time.

Example 2: I work a customer service job where I answer phones starting at 8am. If I need to turn-on a computer, log into a program to track calls, get my headset on, etc., I should be paid for that prep time. I arrived ready for work, but there are work preparations that need to be completed.

Example 3: I work at McDonalds, arrive in street clothes, and need to get in my uniform. I arrive 10 minutes early to do so. I should not be paid for that time since I did not arrive prepared to work.

Example 4: I work at The Gap and arrive 10 minutes early per my supervisor. He chooses to conduct a meeting to prepare us for the day. I should be paid.

Getting to work early is good practice. Being threatened by a supervisor to arrive early or face discipline, in the current state of employment, would anger me.

valid points i hadn't thought of. i was thinking in the fields i've worked, which are restaurant, and auto. in both, if 8am is start time, you dam well better be working at 8am, not changing outta your street clothes into work clothes......

hahaha. 10 damn minutes. really?? you should be there that early anyways.
Exactly

On time means your a few minutes early and ready to do work when the "bell rings".

I agree, just because some people don't mind getting screwed doesn't means its ok. 10 minutes a day might not seem like a lot but it's about 50-60 minutes a week, 3-4 hours a month, 36-48 hrs a year etc.

Funny thing about this statement is that at one of the companies I own stake in I overheard a manager telling an employee this. However it was in response to "we were only bsing for 10 minutes, what's the big deal?"

The argument can go both ways if you people advise one to be so picky. Almost everyone I know can be recorded/observed not actually performing work at least 10 minutes a day while on the clock.

i know exactly how they operate. even in flat rate shops, you get a guaranteed minimum. i've never seen a shop that doesn't do that.....in fact, i think it's illegal. i could be wrong there though.

oh yea....i didn't job hop much. i'm good at what i do, and have never been fired/layed off/let go.

well good for you!