Asked in Employment Law for Texas

Q: I work at a meat plant. Company policy is to show up 10-20 minutes early to change and then clock in. Is that legal?

They have written company policy clock in notices posted at each time clock. States employees must show up before their required shift to change into clothes provided on job site, but not to clock in until you are changed. Is that not considered work? They require it to be done and can only be done on site. 10-20 minutes everyday working 6 days a week is 1-2 hours of unpaid work. Even if you do clock in early, time clock will always post that you clocked in at your scheduled start time. Is this illegal or am I reading to much into this?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Under the FLSA, the time spent changing into the clothes provided on the job site is consider compensable work because your employer is requiring you to change into those clothes at the job site. If your workplace is unionized, however, you and your fellow employees could have collectively bargained away the right to receive such compensation in your union contract.

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