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  1. #1
    Join Date
    Mar 2019
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    Default Company Not Paying Until Other Employees Arrive

    My question involves labor and employment law for the state of: Oregon
    I work for a tree trimming company that is contracted out by the local utility company. Our work day runs from 7-3:30. We typically have 2 person crews. Lately they have decided that if one person is late, the other person doesn't get paid until they get there. This is usually decided 15 minutes or so after start time. The first 15 minutes of the day are normally spent starting the truck, doing a truck inspection, starting paperwork, unlocking the tool bins and putting tools away.
    This happened to me the other day. I arrived at 7 and spent the next 10-15 minutes getting the truck ready. My co worker had not arrived so I asked the boss if he had heard anything. We called him and he says he'd be there in 35 minutes. The boss then told me I wasn't getting paid until he arrived. He gave me the option to wait there and not get paid or go home for the day and not get paid. Are they able to decide not to pay you after showing up at your scheduled time? Is there anything I can do to stop this from happening in the future? This is a union job, but there is nothing addressing this in the contract.

  2. #2
    Join Date
    Oct 2016
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    3,664

    Default Re: Company Not Paying Until Other Employees Arrive

    That is illegal. I'd first contact the union and see if they can handle it.

    If not. https://www.oregon.gov/boli/WHD/Pages/W_Whhowinf.aspx

  3. #3
    Join Date
    Nov 2013
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    6,698

    Default Re: Company Not Paying Until Other Employees Arrive

    What in this post suggests that these are union members?

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Company Not Paying Until Other Employees Arrive

    this is irrespective of what your union contract states as I have no idea what your contract includes.



    If you were told to report to work at a given time and you do that and begin work, you must be paid for the time you worked.

    BUT, if the employer states your work day doesn’t start until your work partner shows up AND he doesn’t allow you to perform work AND he doesn’t require you to remain on site, he doesn’t have to pay you for that time. Oregon does not have any law requiring an employee to be paid any sort of show up time.

  5. #5
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting budwad
    View Post
    What in this post suggests that these are union members?
    Last sentence.
    "Where do those stairs go?"
    "They go up!"

  6. #6
    Join Date
    Oct 2016
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    3,664

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting budwad
    View Post
    What in this post suggests that these are union members?

    The last sentence of the OP was my clue. "This is a union job, but there is nothing addressing this in the contract."

  7. #7
    Join Date
    Dec 2009
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    Lake Chapala
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    2,987

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting budwad
    View Post
    What in this post suggests that these are union members?
    While the last sentence of OP's post ("This is a union job, but there is nothing addressing this in the contract.") doesn't explicitly state that OP and his coworkers are union members, I think the implication that they are is pretty strong.

  8. #8
    Join Date
    Nov 2013
    Posts
    6,698

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting jk
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    If you were told to report to work at a given time and you do that and begin work, you must be paid for the time you worked. .
    Agreed.

    Quote Quoting jk
    View Post
    BUT, if the employer states your work day doesn’t start until your work partner shows up AND he doesn’t allow you to perform work AND he doesn’t require you to remain on site, he doesn’t have to pay you for that time. .
    You have to back that up with some case law or statute. I disagree with you. If OP's work day starts at a specific time, he get paid if he is there.

    Quote Quoting jk
    View Post
    Oregon does not have any law requiring an employee to be paid any sort of show up time.
    Does any state have a law that requires an employee to be paid any sort of show up time? You clock in and you get paid until you clock out.

  9. #9
    Join Date
    Oct 2006
    Posts
    15,981

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting Weiner69
    View Post
    My question involves labor and employment law for the state of: Oregon
    I work for a tree trimming company that is contracted out by the local utility company. Our work day runs from 7-3:30. We typically have 2 person crews. Lately they have decided that if one person is late, the other person doesn't get paid until they get there. This is usually decided 15 minutes or so after start time. The first 15 minutes of the day are normally spent starting the truck, doing a truck inspection, starting paperwork, unlocking the tool bins and putting tools away.
    This happened to me the other day. I arrived at 7 and spent the next 10-15 minutes getting the truck ready. My co worker had not arrived so I asked the boss if he had heard anything. We called him and he says he'd be there in 35 minutes. The boss then told me I wasn't getting paid until he arrived. He gave me the option to wait there and not get paid or go home for the day and not get paid. Are they able to decide not to pay you after showing up at your scheduled time? Is there anything I can do to stop this from happening in the future? This is a union job, but there is nothing addressing this in the contract.
    Talk to the Union first. If the union cannot help you, then go to the Department of Labor. Your boss choosing not to pay you until the other employee arrives really is illegal. I suspect that the boss has some reason for it. Maybe frustration with some employees not showing up on time, but in that case, he should be taking it up with those employees (or firing them) rather than attempting to take it out on the employees who DO show up on time.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Company Not Paying Until Other Employees Arrive

    BUT, if the employer states your work day doesn’t start until your work partner shows up AND he doesn’t allow you to perform work AND he doesn’t require you to remain on site, he doesn’t have to pay you for that time.

    The key is whether he has to remain on site. If he does, then he has to be paid. If the employee is free to leave and go about his business until his partner shows up, that could fall under "waiting to be engaged" which is not compensable time. The details matter.

    There are a number of states, mine included, which have "reporting time pay laws", where if the employee is scheduled for work and reports for work, he is guaranteed a minimum number hours of pay whether he works that many or not. I do not remember Oregon being among that number and I don't have time to look it up right now, but if j/k says it doesn't I'm willing to trust him on that.

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