If you work in a profession which requires special uniforms or equipment that must be worn to perform the duties of the job, then you might spend the first part of your shift getting ready for it. In many such cases, the equipment is found at work so your only choice is to get ready while you are there.
Someone who cleans the hulls of ships, for example, might arrive to work in a shirt and jeans. Once he gets there, he must don a wetsuit and get his diving equipment ready. This includes safety checks before going into the water, and it must be put away at the end of the day. He must also change into street clothes at the end of the shift, too. These are all things that are necessary for the employee to complete his job.
Similarly, a medical technician might need to wear a special sterile uniform to work in a lab. Since the employee cannot arrive to work in a sterile uniform, he must change from his street clothes into the special sterile uniform each morning upon arriving at work and he must change out of it at the end of the day. The time it takes for these clothing changes should be covered in an employee’s pay.
Keep in mind that this situation only applies to special circumstances. It is important to understand the dress code required to perform your job as well as your employer’s expectations. This information should be included in your contract and hiring paperwork. If you are entitled to being paid for prep when you arrive at work or when you leave and you are not receiving payment, then you might be able to file a claim against your employer.
What is the employer required to pay for?
When you clock in at the start of the day, you should expect to be paid for all activities required as part of your job. If you have to wear a special uniform to perform the duties of your job, then you should be paid for the time that it takes to change in and out of the gear and uniforms.
This does not apply to all jobs or professions, rather it only applies to situations where special clothing is needed. You would not be paid for the time it takes you to get dressed for work in the morning when you are at home, but you would be paid for the time spent changing for work once you arrive at the job site and once you finish work for the day.
What to do if you are not being paid for your time
In order to determine whether you are being paid for the time it takes for you to prepare for work and clean up at the end of the day, then you need to keep track of your hours.
Make a note of your work schedule and when you arrive on the job and leave work each day. If you work a normal 8-hour day and you arrive at work at 9am but it takes you 15 minutes to change into your work clothing and prepare your equipment for the day, as well as another 15 minutes at the end of the day to put everything away and change again, then you should be paid for your time from 9am to 5pm even if you spend 30 minutes of your day dressing for your job on site.
Calculate the total number of hours you believe you have worked, including the prep time, and compare it to your pay stub. If the hours on your time card and the hours you were paid for on your paycheck do not match your calculation, then there is a problem.
Look at previous pay stubs to determine if this is a one-time issue or something that has been happening over time. If your hours seem to consistently change to a lower number than what you believe you worked, then it could be that someone is manipulating your time sheet and cutting out your prep and clean up time so that you do not receive payment for that time.
The first course of action is to speak with human resources to see if there is a simple explanation for the missing time. It could be as simple as human error. However, if you find that HR is not willing to correct the problem, then your next step is to file a claim. This would be a good time to speak with an employment attorney to understand your rights.
Speak with an attorney
If you believe that your employer is violating the Fair Labor Standards Act by not paying you for your time to prepare for work, then you could file a claim against your employer with the Department of Labor or you can file a private lawsuit. In either case, it is beneficial to consult with an employment attorney to determine which course of action is appropriate for you and how you can recover the most damages.
Working with an employment attorney not only relieves you of some of the stress of filing a claim against your employer, but an experienced attorney can guide you through the steps and help you gather the evidence you need for a strong case. You need to demonstrate that you are required to change into special uniforms to perform your job, and you should be able to provide an estimate of how long it takes you to change each day.
Many employment attorneys will meet with you for a free consultation, at which point you will be able to discuss the details of your case and decide how to proceed. Though there is no guarantee that having an employment attorney will lead to a win, having an expert advocating on your behalf greatly improves your chances of a favorable outcome. Not only that, but many employment attorneys work on a contingency basis, meaning you do not have to pay them up front and will only be required to pay if you win your case.
For more information about how an employment attorney might be able to help you, fill out a free case evaluation.
