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Employment Law/minimum time scheduled to work

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Question
I work at an animal hospital in Florida and am scheduled one weekend a month to go in when we are closed on the weekend and to take care of boarding animals. I am required to go in once in the morning and then again in the early evening. The time I am there varies depending on the number of animals. Is there a minimum amount of time I should be payed for and should the amount time traveled also be included?

Answer
Maria,

Your question relates to a concept referred to as call-in pay or reporting pay.
While there are a few states (eg. New York) that require the payment of "call-in" or "reporting time" minimums any time an employee reports for work, neither Florida nor the Federal wage and hour law requires such payment.

With regard to travel time, as a general rule, your commute from home to work and work to home  is not considered work time and does not have to be compensated. This would not, however, be the case if you are traveling from one work location to another work location during the day or if you are required to perform some type of work during the course of your commute.

So, as I understand your situation, it would appear that you should be paid for the actual amount of time that you spend at the hospital each morning and evening, but not likely for the time spent commuting to/from the hospital.  

Also keep in mind that if your job is considered "non-exempt" (meaning you are legally entitled to overtime pay) if this additional time puts you over 40 hours for the workweek, you would be entitled to time and a half your regular rate of pay for this additional work time - which can take a bit of the sting out of not getting a certain minimum for having to show up.

Even if not the answer you wanted, I hope this information is helpful.

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Michael Lore

Expertise

I will take questions regarding employment law, with a focus on wage and hour issues involving overtime pay under the Fair Labor Standards Act (FLSA) and applicable state laws (eg. California).

Experience

I am an attorney with 15+ years experience in the area of labor and employment law, with a practice that concentrates heavily in the area of wage and hour litigation - involving unpaid overtime wages, commissions, work related expenses and vacation pay.

Organizations
American Bar Association, American Association for Justice, National Employment Lawyers Association

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BBA in Finance, J.D.

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