Work requires me to come in early to start computer but won't let me clock in to get paid for it

Question

The computers at work take around 5-10 minutes to boot up and have all of the necessary applications for my job to be up and ready to use. I work 9am-5:30pm. But the other day my boss told me to come in 10-15 minutes earlier to make sure that my environment is ready by 9. Which would be fine, but I am not allowed to clock in when I come in early to make sure everything is set up which means I am not getting paid for those 10-15min. They don't leave the computers on and we have to shut them off at the end of the day too. Is this even legal in the state of Ohio, and what would be the most professional way to go about changing this?

Did you remind your boss that you're not allowed to clock in early? If so, what was his response? — sf02, Apr 25 '19 at 19:37
Assuming since you clock in that you are paid hourly, could you confirm? — cdkMoose, Apr 25 '19 at 19:37
"They don't leave the computers on and we have to shut them off at the end of the day too." Do they not allow sleep mode/hibernation? — JAB, Apr 25 '19 at 21:32
What kind of computer in a modern office takes 5-10 minutes to boot up? This inefficiency is their problem to solve, not yours. But I am curious... What do your coworkers do? — Wes Sayeed, Apr 26 '19 at 00:36
WTF, are there no workers unions in the US to handle these blatant violations at a local level? -My boss wants me to work 5 hours for free every month. — Captain Giraffe, Apr 26 '19 at 01:52
Is this about power saving, or about unlocking any data files-in-use so the overnight backup process can complete without errors? — Criggie, Apr 26 '19 at 02:15
This sounds like a problem everyone in your office would have. What do they do? — Phil, Apr 26 '19 at 07:45
@TKK here it's not the actual boot but the login process that takes that long when everyone's doing it at once (500MB roaming profiles might have something to do with that) — Chris H, Apr 26 '19 at 08:14
@IamAPerson You might want to ask a similar question at law.stackexchange.com, to specifically address the legal matters. What I found online after a few moments' browsing suggested that not paying for boot time is legal, but only if it takes less than ten minutes. — , Apr 26 '19 at 08:29
@ChrisH Did the OP mention login processes or is that a WAG? — Solar Mike, Apr 26 '19 at 09:09
@SolarMike neither: It's a common colloquial use of "boot" among non-specialists - but also "boot up and have all of the necessary applications for my job to be up and ready to use" says the Q — Chris H, Apr 26 '19 at 09:15
@ChrisH So, just Word, Exel etc which may or may not need login credentials etc Had this in one place I worked - there were a limited number of excel licenses available on the site, so if you did not open excel first thing you went without. — Solar Mike, Apr 26 '19 at 09:24
@SolarMike you may know what applications the OP uses. I don't. Either way the user needs to log in to the machine between boot and launching them assuming a typical network. This falls in between "boot up" and "have...applications up" on the critical path. Some things are much slower to start than office (e.g. CAD packages). Anyway I think we've discussed the PC being slow to get going for long enough; which bit of the startup process is slow isn't the point of the Q or the OP's responsibility. — Chris H, Apr 26 '19 at 09:46
@CaptainGiraffe > Honnestly such an absurd request shouldn't even require any intervention from a workers union. I personnally would answer with a plain "Not going to happen", or simply ignorance. The only official time is the clock-in time, and as in the meatime the OP is doing professional stuff (getting his work environment ready), he can't even be accused of slacking — Laurent S., Apr 26 '19 at 15:46

score 73 · Accepted Answer · answered Apr 25 '19 at 19:42

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Assuming you are paid by the hour...

The most professional way of handling this would be to submit your time card, for the hours you actually are working. Doing anything less is typically breaking the law.

Then, when you get questioned, if it is by a person that's not your boss, simply reply that your boss asked you to come in early to turn on the equipment and make the office ready.

If you get questioned about your time card by your boss, then indicate that while you like your job, it is a job and not a hobby, and you should be paid for the work you do.

If you wish to be more helpful, you might also suggest that you come in early and leave early, with someone else coming in late to turn off the computers late.

answered Apr 25 '19 at 19:42

Edwin Buck

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He may not have a time card, but have to punch a clock that may not allow him to clock in. In that case, I'd simply ask him "How do I charge my time for that?" – Keith Apr 25 '19 at 19:44
no he specifically said to come in early to boot computers to be ready, but that I am not allowed to clock in until 9am. – IamAPerson Apr 25 '19 at 19:45
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Yes. If he wants you to come in, he's likely to want it enough to move your shift. If the clock doesn't permit that, just don't fall into the trap of "we'll just let you leave early and I'll punch you out" That's just full of all sorts of stuff that can come back to bite you. – Edwin Buck Apr 25 '19 at 19:47
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I would "play dumb". Act as if it's inconceivable that you'd actually do work while not on the clock. "But, boss....how can I come in to do work if I'm not clocked in?" – Keith Apr 25 '19 at 19:54
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@IamAPerson Bosses ask for a lot of stuff, but he can't force you to come in early for free. If he threatens your job over this, I'd start with a phone call to the Ohio Labor Board, asking their advice. Note that once you make such a call, you can't unmake it. – Edwin Buck Apr 25 '19 at 19:56
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Although I agree with the sentiment, the kind of boss who asks you to come in early but not clock in is unlikely to respond well to it is a job and not a hobby. – brhans Apr 25 '19 at 19:59
@brhans If delivered with the right tone, it can lend an air of professionalism. Delivered badly, it will have the opposite effect. I would hope that there's some superior you could bring this up with that would inform your boss that he's attempting to break the law, and would have enough realization that you'll need to be protected from retaliation. That said, it's still a risky proposition – Edwin Buck Apr 25 '19 at 20:03
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@JoeStrazzere I think Keith's approach would probably yield the better results too. But again don't try to have this fixed by getting clocked out by someone else Bosses that break rules as fundamental as this one are inclined to break other rules, and being clocked out by someone else makes you liable. – Edwin Buck Apr 25 '19 at 20:08
I can see intentionally disobeying your boss (clocking in earlier than when you start "actual work" according to his view) as setting a bad tone once the time is noted. – SemiGeek Apr 25 '19 at 21:02
It might be a Catch-22. I couldn't clock in early - our time keeping is done on our computer. I would need to wait till my computer boots up and I log in. What IT shop has a actual time clock with paper time cards? – Hannover Fist Apr 25 '19 at 21:23
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@HannoverFist Who mentioned an IT shop? – Azor Ahai -him- Apr 25 '19 at 21:55
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Like other comments - if you have a time card - two things: a) only YOU can clock-in and clock-out. Most companies have it as a fireable offense to have another person do this. b) when you arrive for work - you clock in. When you leave - you clock out. Hourly employees do not work "off the books" - the company can get into loads of trouble if the state found out. – Reed Shilts Apr 25 '19 at 22:11
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Agreed that playing dumb is brilliant. You’re smart at all the things, but working for free is just something you can’t quite get through that thick head of yours. – Rustler Apr 25 '19 at 22:27
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@EdwinBuck Also note that bosses who do this probably have a lot of experience breaking the rules. Don't play the rule-breaking game with them; they'll win, and you'll lose. – Nelson Apr 26 '19 at 01:27
@HannoverFist It could well be a swipe-card system, no paper involved, just waving the employee ID in front of a reader. Some places tie that to shop-floor access doors but most don't because of laws around breaks. – Chris H Apr 26 '19 at 08:16
Basically this answer. If you are being asked to come in early, chances are it's to complete some extra tasks (ie. to work). Whether that be prepare the working environment, check the coffee pot is full etc. It is still something you are being asked to do by your boss. You should be compensated for your time accordingly. You should not work for free - You are not a slave. – Horkrine Apr 26 '19 at 08:39
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You can also mention that it's not your fault that the computers take forever to boot and waiting time is part of work. Ask him to find an alternative - that doesn't break the laws... - like keeping the PC turned on overnight (maybe down on the weekends) or speed up the boot process with SSDs, it might be worth the investment depending on your hourly rate. – toto Apr 26 '19 at 08:59

score 29 · Answer 2 · answered Apr 25 '19 at 20:00

IANAL My recollection of FLSA training is that this is clearly now part of your job and as an hourly employee, it is illegal to expect you to perform a task at company request for company benefit and not pay you for your time. Whether that is part of what the boss considers your core function is irrelevant.

The bigger issue is that you presumably want a good relationship with the company. I would not recommend quietly charging time and waiting until it is noticed. Unfortunately, your boss is delusional and in power so you have two battles to fight. Waiting until he notices will only make him angry on top of those issues.

I'm quite willing to do this. We need to understand that though it is outside of my normal duties, it is nonetheless a time consuming duty you are requiring me to perform. Any time spent under specific direction of the company legally has to be counted as time on the job, regardless of the nature of the work.

You can follow with options (leaving earlier, longer lunch or whatever else). Hopefully, your boss will just not have really considered that this is still work, albeit a different form of it. But you need to consider how to respond if he does not see it this way. He's already dictating you work for free. He does not read on the surface as a reasonable person.

I would add to the wording something like "and of course we want to follow the law, so how do you want me to charge this?" In other words, indicated, that OF COURSE he wants you to do the right thing, and you're just clarifying the best way to do that. — thursdaysgeek, Apr 25 '19 at 20:52

Rich B · Answer 3 · 2019-04-25T19:53:05.600

Due to hourly pay, every bit of time counts, and those minutes add up over time as I'm sure you're aware.

I would recommend to you that you arrive at 9am and clock in, and wait those precious minutes for your computer to boot up (maybe get IT guys to install SSD's, they're amazing and help boot speeds immensely), and stay an extra 15 or so minutes past 5:30pm and leave later to make up for the lost time at the beginning of the day, so that you are actually paid for the time you are working. In my experience, waiting for computers to "boot" etc. is company time, not your own. So you should be reasonably compensated for this, however, this is under company discretion. Explain why you're staying late to your manager as well, don't leave them out of the loop.

I am also assuming that you can clock out/get paid after 5:30pm. If you are UNABLE to do so, then it looks like you're going to need to find a way to speed up your computer, or get approval from IT to leave your computer on overnight. Good luck.

@HannoverFist OP didn't mention if they were in IT or not, but if so I don't think its relevant. — Rich B, Apr 25 '19 at 21:29

score 2 · Answer 4 · answered Apr 26 '19 at 01:31

My answer differs from the others.

TLDR: It depends what sort of relationship you want / have with your boss.

Do you have a good relationship with your boss? Are they the sort of person who makes and remembers agreements and takes good care of their employees? If so, they could be asking you for a favor. You scratch their back, they will scratch yours. If they is a good sort of person, I suggest after a few weeks, you tell them something like this:

I am working for you on my free time for a few weeks now. How long should I keep this up? Will this be tied to my promotion/raise/etc? Alternatively, can I save up all these 15 minute blocks for an informal/undocumented day off once every two months?

If this works out, you can develop a very strong relationship with your boss - you can ask for favors, and be the closest employee that they look out for.

Alternatively, if your boss is not the sort of person to look out for their subordinates, ask your boss to play by the rules.

A give-and-take shouldn't be one-sided, and there's no reason to assume you're currying favor. It is illegal, afterall. — kettlecrab, Apr 26 '19 at 06:27

score 1 · Answer 5 · answered Apr 26 '19 at 06:15

This is a very similar problem to the "Clean Desk Policy". Yes you can automate your PC to start at 08:30, but if you do not poll it with an active alert it may not be running when you arrive at 09:00. I fact if it is a Windows PC, especially Windows 10, and takes an update, it could happily take a while to be usable, hours in the extreme.

That is not taking into account issues with Active Directory or the greater network. Is everybody coming in early or are you the canary ? (is this a de-facto health check or just a "be ready for hard slog from the crack of nine" situation ?

When I was "on call" I got 4 hours of double time for this sort of thing, being an after hours attendance.

Just come in (5) minutes early, switch on the PC and head for coffee, the bathroom, kitchen etc. while it is firing up. By all means get into option ROM to get it going by itself.

You should be in five minutes early in any job, just for contingency.

What I meant by "clean desk" - they want a clean desk, but don't want to spare 30 minutes either side of the day to pay for it.

I used to wait in my car and read right up to the minute to clock in; there are environments where it's natural not to come in early but exactly on time. — kettlecrab, Apr 26 '19 at 06:29
@person27 That works fine until 20 other people start doing the same, and you are #20 in the queue to use the clock. — alephzero, Apr 26 '19 at 09:48
@alephzero In that case they get 19 people complaining about not being able to clock in. Work starts when you arrive at the company door, willing to start work. Five minutes walk to the clock, five minutes in the queue to clock in, five minutes walk to your desk, fifteen minutes waiting for your computer to turn on, is all working time that the employer has to pay. — gnasher729, Apr 26 '19 at 10:12

Work requires me to come in early to start computer but won't let me clock in to get paid for it

5 Answers5