Is it legal to make an employee clock out, leave, then return later the same day to finish their shift?
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Is it legal to make an employee clock out, leave, then return later the same day to finish their shift?
I work in a surgery department in Ohio.
On slow days they make us take days off
unpaid, called coh convenience off
hospital. Recently they stayed making
us leave in middle of our shift for 2
or 3 hours and then come back to finish
our shift at regular pay even though
they pay us on call pay while off the
clock. Now they are going to start
making us ‘be on call’ until noon on
days that we are coh’d in case
something happens and another room is
needed to be added. This would also be
at regular pay. Is there anything that
we can do about this?
Asked on July 8, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, companies are allowed to have employees "on call" until needed, and also to do split shifts, where they work, clock, then come back and work later. As long as the employees are being paid for all the hours they do work---and are free to leave the premises when not working (when off the clock), since if they can't leave (e.g. are restricted to premises), that would be considered "working" (since they are held to a location at the employer's direction), even if not actually performing work at the time--this is legal.
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