Waiting to engage or engaged to work

[AEGee]

California
24/7 security business. Continuous watch standing, each on site guard is relieved by the oncoming guard.
Basis: if a guard arrives in the area early, 10 to 15 minutes before able to take the watch is that considered 'waiting to be engaged' thereby not paid work.
vs
a guard arriving on time but has to wait until the off going guard completes paperwork (or other delay), is that considered 'engaged to wait' thereby is paid work

Question: Is a delay getting to the job site (broken stop light/train blocking road etc) a 'waiting to be engaged' or a 'engaged to wait' scenario?

 

[quincy]

California
24/7 security business. Continuous watch standing, each on site guard is relieved by the oncoming guard.
Basis: if a guard arrives in the area early, 10 to 15 minutes before able to take the watch is that considered 'waiting to be engaged' thereby not paid work.
vs
a guard arriving on time but has to wait until the off going guard completes paperwork (or other delay), is that considered 'engaged to wait' thereby is paid work

Question: Is a delay getting to the job site (broken stop light/train blocking road etc) a 'waiting to be engaged' or a 'engaged to wait' scenario?

What does your contract say about start times?

 

[Taxing Matters]

Under federal and state wage minimum wage laws you don't have to be paid for:
(1) the time before your shift starts if you arrive early or
(2) the time before you actually show up for work if you arrive late.

 

[AEGee]

What does your contract say about start times?

The shifts are continuous, 0500-1300,1300-2100, and 2100-0500 - shift change is like passing the torch - no pre/post actions.

 

[quincy]

The shifts are continuous, 0500-1300,1300-2100, and 2100-0500 - shift change is like passing the torch - no pre/post actions.

You should be paid for the time you work. If you must stay later than your scheduled time because the person scheduled to replace you is late, you should be paid for that time.

 

[Zigner]

California
24/7 security business. Continuous watch standing, each on site guard is relieved by the oncoming guard.
Basis: if a guard arrives in the area early, 10 to 15 minutes before able to take the watch is that considered 'waiting to be engaged' thereby not paid work.
vs
a guard arriving on time but has to wait until the off going guard completes paperwork (or other delay), is that considered 'engaged to wait' thereby is paid work

First scenario, you don't get paid until shift starts. Second scenario, you get paid at the time the shift should have started.

Question: Is a delay getting to the job site (broken stop light/train blocking road etc) a 'waiting to be engaged' or a 'engaged to wait' scenario?

Neither. It's simply unpaid time...and could cause you to lose your job. You should allow time for such occurrences.

 

[quincy]

Do you have to clock in and out?

 

[AEGee]

Do you have to clock in and out?

Yes

 

[quincy]

Yes

Some employers will not pay extra or dock pay if a clock-in is 5 or 10 minutes on either side of the scheduled time. But it depends on the employer.

 

[cbg]

Are you required to arrive early or is it just the normal fluctuations of a commute?

 

[AEGee]

Are you required to arrive early or is it just the normal fluctuations of a commute?

Just normal fluctuations of a commute but one should always arrive on time - so a few minutes early?

 

[cbg]

If you are not REQUIRED to be there early, I don't think the FLSA is going to require them to pay you for that time. If there was a requirement that you be there 15 minutes ahead of your shift, or something like that, then I'd agree that you were owed the time.

 

[quincy]

Just normal fluctuations of a commute but one should always arrive on time - so a few minutes early?

If employees make a point of arriving at least a few minutes before the start of their shifts, that is certainly the best way to ensure that those who are waiting to be relieved of their duties remain happy.

If a coworker is consistently late to work, the employee left waiting for relief has good reason to complain to management. The time clock alone will show consistently late clock-ins and the employee who has a habit of arriving late to work probably should expect contact by management.