Legal Question in Business Law in Arizona

Preschool worker rights

I work at a preschool and am scheduled to be on the clock from 9am till 5:30pm M-W-F and 10am till 6:30 till close on T-Thur. with an hour lunch. But if the classroom is not above ratio I am not allowed to clock in until we go over . I am expected to call in every half hour or wait around the office until ratio is over . what right do I have as a teacher.Do I have the right to get paid for time spent waiting around until ratio is meet. (for example I was scheduled to work from 9am to five pm with and hour break and I called in at 9am and was told to call back at 9:15am .not enough kids so call back at 9:30am and so forth . I did not get to clock in until 10am. ) is that fair??? please help


Asked on 1/16/06, 10:06 am

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Preschool worker rights

I am not a labor law specialist, so my answer will be general. Yes, your situation seems unfair, but not illegal. Your agreement with the employer is that you report when needed. There are many employers so pay people on an as-needed basis, their hours are flexible.

How do you define unfair? If illegal, yes it is also unfair. If contrary to a contract, yes it is also unfair. If different than other employers in the industry, it may be viewed as unfair, depending upon your point of view.

My advice: Seek a more deserving employer.

Good luck.

James D. Jenkins

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Answered on 1/16/06, 1:50 pm


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