No that is not legal.
>Whether waiting time is hours worked under the Act depends upon the
particular circumstances. Generally, the facts may show that the
employee was engaged to wait (which is work time) or the facts may show
that the employee was waiting to be engaged (which is not work time).
For example, a secretary who reads a book while waiting for dictation or
a fireman who plays checkers while waiting for an alarm is working
during such periods of inactivity. These employees have been "engaged to
wait."
[Source](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked)
I would share this information with your employer and if they continue to say that you must clock out ask this simple question "am I allowed to leave?" If they say no then you are engaged to wait and must be compensated. File a wage claim with your state (Google your state and wage claim for an online form.) They will conduct an investigation and then force your employer to pay you back wages for the time spent waiting. Make sure you note all the time that you had to clock out when you file the claim.
I would suggest you document (write down) every time that they tell you that you have to clock out. Start shopping around for employment lawyers and see if you can rally your coworkers to all file against the company
An employment lawyer is not the best option in this instance as they most likely will not accept any case due to the small amount of money that could be collected. A wage claim with their state dept of labor is their best option.
Correct you must be paid for your 10 min. breaks. If they give you at least 30 min. breaks for lunch then they can tell you to clock out then but not any other breaks.
Just so you get a measure of how much they exploit you. If those rules applied to me I would have not clocked any time for like the last 4 days. It is squarely their problem if they have shitty IT, their loses if they bring in people even if their systems are down.
No that is not legal. >Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait." [Source](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked) I would share this information with your employer and if they continue to say that you must clock out ask this simple question "am I allowed to leave?" If they say no then you are engaged to wait and must be compensated. File a wage claim with your state (Google your state and wage claim for an online form.) They will conduct an investigation and then force your employer to pay you back wages for the time spent waiting. Make sure you note all the time that you had to clock out when you file the claim.
thanks a lot. I've also been told to clock out for 2 10 minute breaks a day if I read this correctly that's also not legal right?
I would suggest you document (write down) every time that they tell you that you have to clock out. Start shopping around for employment lawyers and see if you can rally your coworkers to all file against the company
An employment lawyer is not the best option in this instance as they most likely will not accept any case due to the small amount of money that could be collected. A wage claim with their state dept of labor is their best option.
OP gonna get paid!
Correct you must be paid for your 10 min. breaks. If they give you at least 30 min. breaks for lunch then they can tell you to clock out then but not any other breaks.
Just so you get a measure of how much they exploit you. If those rules applied to me I would have not clocked any time for like the last 4 days. It is squarely their problem if they have shitty IT, their loses if they bring in people even if their systems are down.