Q: Can an employer require you do pre-work for the day, off the clock and not start paying until a first assignment?
It is a mobile service, we drive a company truck to clients houses and preform the service. Previously we clocked in at the start of the day (say 8:00 am) and started getting our trucks ready for our assigned routs. Now, we are to get our trucks ready and drive to the first assigned house and then clock in. Also at the end of the night we clock out at the end of the last house, regardless of the drive back to the shop.
A: Your question is complex and to answer it more directly would require more information. The answer may depend on whether you are an independent contractor or an employee. However, if you are an employee and your employer "requires" this work to be done, it may be a violation of the Fair Labor Standards Act for them to not allow you to clock in. There is an instructive Ninth Circuit case named Ballaris v. Wacker Siltronic Corp. that helps explain the elements of this claim. I would strongly encourage you to consult with a knowledgeable employment attorney about this claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
