My employer is requiring employees to arrive early...without pay [SOLVED]

[-AJ-]

So, as the title of the thread suggests, my employer is requiring us to arrive 15 minutes early for our shift. Some things to note:

- This is part-time employment

- This 15 minutes is unpaid

- We are paid on hourly wages

- It is a tutoring job

One of my co-workers just quit because of this. She claimed that she needed to be paid for the 15 minutes that she arrives early. She certainly didn't handle it very well, however.

I am a business major and have taken a human resources class as well as a business law class and this does also raise red flags for me, though I have yet to bring it up with my employer.

I looked up the Canada Labour Code and couldn't find anything in particular on it, so I thought I'd see what you guys think.

Is this legal? What should I do about it?

Just looking for a bit of advice, since I know there are some knowledgeable people on here with more life experience than I.

[stawns]

if you are required to be there 15 mins early, you should be paid for those 15 mins.

[BabychStache]

Need more info on job type.

[elvis15]

They can't mandate 15 minutes exactly, but they can certainly require that you're at work and prepared to work for your shift start. If that takes 15 minutes for someone to prepare and be ready to go, then people should be there at least that early.

For instance, in my current job I work from home and can roll out of bed and turn the computer on a minute before I start and be ready. But in previous jobs, like when I drove forklift in a warehouse, I had to be there earlier than my shift start to change and meet with the person coming off shift to see what was happening.

You've given no indication to what kind of work it is, so I'll assume they don't want you there 15 minutes ahead just to sit there and do nothing, rather that it's likely prep time for your shift start.

[Guest]

If they want you there at 8:45am for a 9am shift. They should be paying you.

If you come into work at 9am, ready to go then they don't really have anything to complain about. I usually get to work 5 minutes before my shift

[-AJ-]

Need more info on job type.

It's a tutoring job at UFV.

They can't mandate 15 minutes exactly, but they can certainly require that you're at work and prepared to work for your shift start. If that takes 15 minutes for someone to prepare and be ready to go, then people should be there ahead of time.

I think this is the idea of my employer. We're expected to prepare somehow for tutoring sessions before them; however, most of the time we don't start our shift with a tutoring session and just do other ancillary things in that time.

[stawns]

They can't mandate 15 minutes exactly, but they can certainly require that you're at work and prepared to work for your shift start. If that takes 15 minutes for someone to prepare and be ready to go, then people should be there ahead of time.

depends on the job......if you work for a landscaping company and they tell you to be there 15 mins early so you can load the truck and be on the road for the start of your shift, then you should be paid for that 15 mins. If you show up early by your own volition, then fine, no pay.......if they tell you that you have to be there early, your shift starts as soon as you are required to be there.

[stawns]

It's a tutoring job at UFV.

I think this is the idea of my employer. We're expected to prepare somehow for tutoring sessions before them; however, most of the time we don't start our shift with a tutoring session and just do other ancillary things in that time.

they should be giving you paid prep time, imo.

[elvis15]

So, if you need to have paperwork/training materials/etc. ready to go for a potential training that starts right away, then that's why they need to make sure you're there ahead of time. They need you to be organized and understand what's going on as much as they need today's notes handed to each person you'll be tutoring.

All part of the job - if you don't like it, find another where you can just show up at the moment your shift starts and be ready to go.

depends on the job......if you work for a landscaping company and they tell you to be there 15 mins early so you can load the truck and be on the road for the start of your shift, then you should be paid for that 15 mins. If you show up early by your own volition, then fine, no pay.......if they tell you that you have to be there early, your shift starts as soon as you are required to be there.

To a point, yes. Typically though the equipment and all that should be ready to go for you when you show up. That's your employer's responsibility. If they need you as the employee to help with that then you can do that as your shift starts.

As for the paid prep time comment, it seems like they already have that rolled in most days. It also seems like they can't always rely on that though and should be at work ahead of time to understand the day's schedule and be ready before they start.

[Heretic]

My grandfather used to say - "if you're not 15 mins early for your shift, then you're late."

Suck it up and just do it. Believe it or not, "me" generation, it's not always about you.

[TOMapleLaughs]

Sounds like a general guideline for you to be ready to start your shift at 9, and not 9:05, 9:10, etc.

If you do not show up at 8:45, and show up at 8:55 instead, but you are still ready to go at 9, they cannot rightfully fire you for that reason.

Also, it goes both ways. They might not like it, but you are free to start preparing to leave 15mins prior to your shift end if they insist on this pre-shift rule. Alternatively, you can just take another 15min break.

Use your best judgement.

Personally, I would just suck it up. You'll find that waking up 15mins earlier isn't a big deal and your efforts should be rewarded. If not, then this whole thing is irrelevant because you should be seeking alternative employment options.

[Guest]

My grandfather used to say - "if you're not 15 mins early for your shift, then you're late."

Suck it up and just do it. Believe it or not, "me" generation, it's not always about you.

If you walk into work and you're ready to go when you're expected to start, that isn't a problem IMO.

Telling someone they have to be there early is a problem. That's about 4-5 hours of total work time a month on a full time job you're not being paid for.

[Tre Mac]

They can't require you to do unpaid work. We had the same problem at my first job, making min. wage at a gas station. We all got together and raised the issue with our boss and he just moved our shifts 15min to compensate. Do the same, this just might me a classic case of seeing what a employer can get away with, before just walking off the job.

[VanGnome]

Shift time is shift time, you start when you're scheduled. However in all previous positions, there's always been the expectation that when you arrive for work, you're ready to go. Your employer isn't required allow you to prepare for your shift ahead after the shift has already begun (ie once you're on the clock).

It's possible that too many people had been individually spoken to about preparedness, and rather than continuing with inefficiency, they decided to mandate an employee wide procedure.

Bottom line is, if your employer is mandating that you arrive prior to your shift start for the purpose of performing role related tasks and assignments relative to your job description, then you should be paid. However if it's simply a policy to ensure that employees arrive with enough time to get prepared ahead of their shift starts, then I think that's fine and doesn't need to be paid.

Sad thing is, I was born long enough ago to be in the first wave of millennials to "come of age" ie enter the workforce full time, and this concept was implied. It was expected that you were responsible enough to conduct yourself and manage your time as necessary in order to do what was expected. Those born 5-10 years later seem unbelievably incapable of realizing these things.

[stawns]

So, if you need to have paperwork/training materials/etc. ready to go for a potential training that starts right away, then that's why they need to make sure you're there ahead of time. They need you to be organized and understand what's going on as much as they need today's notes handed to each person you'll be tutoring.

All part of the job - if you don't like it, find another where you can just show up at the moment your shift starts and be ready to go.

To a point, yes. Typically though the equipment and all that should be ready to go for you when you show up. That's your employer's responsibility. If they need you as the employee to help with that then you can do that as your shift starts.

As for the paid prep time comment, it seems like they already have that rolled in most days. It also seems like they can't always rely on that though and should be at work ahead of time to understand the day's schedule and be ready before they start.

I agree, if your shift starts at 9am, you need to be ready to work at 9am, sharp, not 9:01. as long as that is not an issue, they should be allowed to be there whenever they get there.

[TOMapleLaughs]

Anything like this is usually made because certain employees are late often.

[samurai]

what your employer is asking is illegal. As someone told you as long as you are ready by the actual work start time then there is no issue. However, if you are not ready based on the terms of the contract then they can create problems for you.

The best thing to do is tell your employer that while you understand their position nonetheless it is illegal and the should check that. As for yourself assure them that you are always prepared to start when it's time.

[Miss Korea Bob.Loblaw]

My grandfather used to say - "if you're not 15 mins early for your shift, then you're late."

Suck it up and just do it. Believe it or not, "me" generation, it's not always about you.

What an absolutely outdated statement.

[Heretic]

If you walk into work and you're ready to go when you're expected to start, that isn't a problem IMO.

Telling someone they have to be there early is a problem. That's about 4-5 hours of total work time a month on a full time job you're not being paid for.

That's it? Whoop te do!

Sorry. I disagree. There's no problem whatsoever with an employer asking staff to be at work early.

The problem really is, the workers who only care to do the minimum amount of work possible.

"15 pieces of flair"?

[TigerWilliams]

Sounds like the employer is sick of people showing up and then spending their first 15 minutes shooting the breeze with their buddies, unpacking their stuff, and generally not being ready to go.

I'm not sure on the legality of it all, but I do think a responsible adult would be able to manage themselves such that they're ready to go at the designated start time. Let's be honest - most people, would, in that case, arrive slightly earlier than shift start in order to be ready regardless of whether it was mandated or not.