Q: Is it legal to require onsite presence without pay in Iowa?
I work for a company that pays me only based on the clients I see, but they require me to stay onsite without pay if I don't have any clients. I've expressed my concerns to my employer about doing other duties to be compensated, but they refused. I'm unaware of any contract regarding this agreement, and my coworkers are in the same situation. Is it legal for my employer to require me to be onsite without pay, and do I have a potential legal case regarding this matter?
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A:
In Iowa, whether it’s legal for your employer to require you to be onsite without pay depends on several factors, including whether you're considered an exempt or non-exempt employee under the Fair Labor Standards Act (FLSA). If you're a non-exempt employee, you must be paid for all hours worked, including any time spent on the employer’s premises, even if you're not actively seeing clients. The FLSA generally requires employees to be compensated for any time they are "engaged to wait" or "on-call" if they are not free to use that time for their own purposes.
If you're required to stay onsite, and you're not free to leave or do other activities of your choice, that time may legally be considered hours worked, and you should be compensated for it. Your employer’s refusal to compensate you, despite your offering to perform other duties, could be problematic.
You may have a potential legal case if your employer is violating wage and hour laws, but it's best to consult with an employment attorney to assess the specifics of your situation. They can help determine whether you have a valid claim and guide you through any next steps, including possible legal action.
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