Q: Can my employer request me to come in 15 min early and not pay me? I have done this for 5 years with out fail.
Also if they have to pay me, will it be considered overtime?
You should contact an employment law attorney immediately. This could be an FLSA violation. Some will offer free initial consultations.
Attorney James J Hux
Hux Law Firm, LLC
A: Hi. Are you paid hourly? If you are performing work during those 15 minutes, you likely should be compensated for it. Please reach out to an employment law attorney in Ohio. My contact can be found on my profile.
Greg Mansell agrees with this answer
1 user found this answer helpful
A: Absolutely not. This is a violation of federal and state wage laws. You should be compensated for this time. Feel free to reach out if you would like to explore pursuing this matter and getting paid for your time worked but not paid.
1 user found this answer helpful
You may have a claim for breach of contract with your employer. The contract was to pay you $X per hour for each hour worked. If you and your employer intended that this included the early 15 minutes, then once you work those minutes you are entitled to payment for them. If, on the other hand, you expressly agreed that you would not be paid for showing up early, then you may not have a contract claim. What matters with contracts is what the parties intended when they made their agreement.
You file suit for breach of an oral contract claim for up to six years in Ohio. In other words, your claim would cover all five years of this practice.
You may have another, independent claim for a minimum wage violation. The minimum wage in Ohio is currently $8.55. If you were paid the minimum or something close to minimum, then working off the clock time could reduce the actual amount that you received each hour below the minimum, and there would be a violation. You can claim unpaid minimum wages for up to three years.
You may also have an overtime claim if, when you include the show up early time, you worked more than 40 hours in a week. You can claim unpaid overtime for up to three years.
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