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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

 
   

You are here:  Experts > Business > Corporate Law > Employment Law > 15 minute pay

Topic: Employment Law



Expert: Shirley McAllister, CPP, PHR
Date: 7/3/2008
Subject: 15 minute pay

Question
My 2 sons work a seasonal job for a village in Ohio, they are required to be at work 15 minutes before their scheduled start time, but are not paid for this time. Is there a law regarding payment for 15 minutes early or working over 15 minutes? If so, can you provide me where I can find it to present the village clerk? Also, can a village ordinance supercede state and federal labor laws?

Answer
A village ordinance cannot supercede state and federal labor laws.

The Fair Labor Standards Act (FLSA)says you must be paid for all the time you are at work and that includes asking the employee to come to work 15 minutes early or stay 15 minutes late.

There is a big lawsuit going on right now with Walmart because they were doing that and they are in a lot of hot water because of it.

The Fair Labor Standards Act can be found on the Department of Labor website at:
http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
Above are the regulations that say all time even waiting and working after shifts must be paid for.

If the time is not paid you should contact your state's local Department of Labor and talk to them about it. They may call the company and talk to them and get it straightened out. If not you can put in a claim for unpaid wages.

Ohio Department of Labor is at the following site:

http://www.com.state.oh.us/comm/comcont.htm

Shirley


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