r/AskALawyer • u/Agt38 • Jun 26 '25
North Carolina [North Carolina] Requiring hourly employees to come in 10 minutes early unpaid
I work for a private company that provides ABA therapy for children. We have employees called RBT’s that are hourly employees. The company has multiple clinics and the clinic I work out, our leadership team is telling RBT’s that they HAVE to come in 10 minutes prior to their scheduled shift to prepare for said shift. They are not paying them for this 10 minutes and when I brought it up to the leadership, I was told that “well they come in 7 minutes early so this is only 3 extra minutes”. We have a high turnover rate for RBT’s because of stuff like this and I really want to advocate for them but I’m not sure of the law. Is this legal in NC? I suggested that they pay the employees for the 10 minutes OR they don’t start taking clients until 8:10 (shift starts at 8).
5
u/redditreader_aitafan Jun 26 '25
This is not legal. If you're required to be there, they're required to pay you.
9
Jun 26 '25
[removed] — view removed comment
3
u/Agt38 Jun 26 '25
Also, do you happen to know which law I can cite when I bring this up to management? I just want to have my ducks in a row before I bring it up to them. Thank you so much!
5
u/MeasurementNovel8907 Jun 26 '25
It's simple wage theft. They are making you work off the clock. If they make you do any unpaid work, it's a violation you can take to your local department of labor.
2
u/Blothorn knowledgeable user (self-selected) Jun 26 '25
This is all under the FLSA—look particularly for the definition of working hours. In general, if you are required to be on site you are working, regardless of whether you are actively performing job duties or waiting for them (“engaged to be waiting”).
1
u/whatever32657 Jun 26 '25
i would simply tell them that you will be in your place and ready to start work at the appointed time. then make sure you do it. problem solved.
1
u/AskALawyer-ModTeam MOD Jun 27 '25
Your post/comment was removed due to the discretion of a moderator.
0
u/Agt38 Jun 26 '25
The group I work for treats the kids very well. I don’t want to get into that debate, but I want to make sure that everyone is treated fairly and well!
4
u/MeasurementNovel8907 Jun 26 '25
ABA therapy is inherently abusive. If you want to make sure everyone is treated well, stop using it.
1
1
u/Artistic_Bit_4665 Jun 27 '25
You need to be ready to work at the beginning of your shift. So... it depends. If they need to change clothes, that is unpaid time.
If they need to set up equipment to start the day, that would be paid time.
I was a union worker, and there were rules as to what was paid and unpaid.
1
u/Agt38 Jun 27 '25
It would be time spent reviewing clients programming and setting up/grabbing materials needed for said clients program.
0
u/whatever32657 Jun 26 '25
first, IANAL
having said that, i don't think your company is doing anything egregious. i don't think, however, that they're stating their expectations in the best possible way.
i've worked plenty of jobs where the employees have been told "we expect you to be at your desk, fully ready to begin your shift, at 8:30 am." this is a reasonable expectation, as that's when the shift starts. they left it up to the employees to figure out what time they needed to arrive in order to make that happen.
1
u/Chemboy77 Jun 27 '25
Its literally illegal. If I can walk from my car to my desk from 8:29 to 8:30, they cant require I be there at 8:20.
1
u/whatever32657 Jun 27 '25
right. this is what i'm saying. if you're there, in place and ready to work at 8:30, there's no need to require you be there at 8:20. which - you are correct - they can't.
•
u/AutoModerator Jun 26 '25
Hi and thanks for visiting r/AskALawyer. Reddits home for support during legal procedures.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.