Pay for time at work but not on clock

swbpr

An employee is required to be at work for 8:00am. He is told not to clock in until instructed by his supervisor (paid hourly, +40/wk is OT). Sometimes he may sit for 2+ hours, OFF THE CLOCK, before he is told to either go home and call in a couple of hours or clock in and start working. There is no compensation for the time just sitting. What is the law on this?

Crout

If the EE in question is non-exempt and eligible for overtime, then your practice is grossly illegal.

Marie

What you have described is "engaged to wait" and it is compensable. If the employee could just be reached via telephone or a pager and given time to come in, then it might be "waiting to be engaged" which is not compensable.