No, an employer generally cannot legally make you come in early without pay. Both federal and state labor laws require employers to compensate employees for all hours worked, which includes any time an employee is required or permitted to perform duties for the benefit of the employer.
Understanding Compensable Work Time
Under the Fair Labor Standards Act (FLSA), the primary federal law governing wages and hours, "work time" is broadly defined. It includes not only the hours spent actively performing your job duties but also any time an employer requires you to be on duty, on the employer's premises, or at a designated workplace. This extends to activities performed before the official start of your shift.
For instance, if your employer consistently requires you to arrive 15 minutes before your scheduled start time to prepare your workstation, attend a mandatory huddle, or perform opening tasks, that time must be compensated. It is considered "hours worked" and should be paid at your regular rate of pay, or overtime if applicable.
What Constitutes "Hours Worked"?
Determining what counts as compensable time can sometimes be nuanced, but a good rule of thumb is: if you are under the employer's control and performing activities for their benefit, it's likely work time.
Here are examples of activities that generally count as compensable work time, even if they occur before your official shift:
- Required Preparatory Activities: Setting up equipment, preparing materials, logging into systems, or organizing your workspace if mandated by the employer.
- Mandatory Meetings: Attending pre-shift briefings, training sessions, or team meetings.
- Waiting Time: Time spent waiting for work to be assigned or for equipment to become available, if you are required to be on premises.
- "De Minimis" Rule: While the FLSA does recognize a "de minimis" rule for insignificant periods of time (e.g., a few seconds or a minute), requiring employees to consistently come in 15 minutes early for tasks is generally not considered de minimis and must be paid.
Your Rights and Recourse
If your employer is making you work off the clock or requiring unpaid time, you have specific rights and avenues to pursue compensation.
1. Document Everything
- Keep detailed records: Note the dates, times, and exact duration of any unpaid work you performed.
- Specific tasks: Briefly describe what you were doing during those unpaid periods.
- Communication: Save any emails, texts, or memos from your employer instructing you to come in early.
2. Communicate with Your Employer
- Inform your supervisor or HR: Start by politely bringing the issue to their attention. It's possible there's a misunderstanding or an oversight that can be easily corrected.
- In writing: If comfortable, follow up any verbal conversations with an email summarizing what was discussed.
3. File a Wage Claim
- State Labor Department: If your employer does not rectify the situation, you can file a wage claim with your state's labor department. For example, in California, employees can go to the California Labor Commission (also known as the Division of Labor Standards Enforcement - DLSE) to file a claim for unpaid wages and hours owed, including situations where they were required to come in early without pay.
- Federal Department of Labor: You can also contact the U.S. Department of Labor's Wage and Hour Division (WHD) to file a complaint under the FLSA.
Employers found to be violating wage and hour laws can be liable for back pay, liquidated damages (often double the amount of unpaid wages), and civil penalties.
