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Question What is the amount of compensation to be afforded employees with respect to the period between reporting time and 'clocking' time?

Answer Section 652 (1) of the Labor Law requires that employees be paid at least the minimum wage 'for each hour worked.' Section 2 (7) of the Labor Law defines 'employed' as including ' permitted or suffered to work.' Once an employer has directed an employee to report to work at a specified time, that employee is 'employed' and 'working' within the meaning of the Labor Law; and must be paid at least the minimum wage for all time during which such employee is required to remain on the employer's premises while waiting to report to such employee's actual work location. However, an employer is not required to pay employees for such time at their agreed rate of pay unless the employment agreement so provides.

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Wage and Hour Laws

Wage and Hour Laws

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