Pay for time at work but not on clock

swbpr · September 2002

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 · September 2002

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

Marie · September 2002

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.

Pay for time at work but not on clock

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