If your Ontario employer requires you to wait in line to use a biometric time clock, security checkpoint, or COVID-style screening desk before you can technically “clock in,” that waiting period is legally considered work time and must be paid under the Employment Standards Act.
Modern workplaces across Ontario are increasingly relying on high-tech security. From massive Amazon-style warehouses in Peel Region to secure manufacturing facilities in Windsor and meat processing plants in London, biometric fingerprint scanners and mandatory security checks are the new norm. While these systems prevent “buddy punching,” they often create massive bottlenecks at the start and end of shifts. If 300 employees are trying to scan their fingerprints at 6:55 AM for a 7:00 AM shift, a long line is inevitable.
Many employers falsely believe that an employee’s paid time only begins the absolute second the machine beeps and records their fingerprint. ⚠️ This results in thousands of workers spending 10 to 20 minutes a day standing in a mandatory line, entirely unpaid. Under Ontario law, if your employer controls your time and forces you to be somewhere, you are working. If your company is shaving off your paycheque by refusing to pay for security or time-clock queues, consulting an employment lawyer can help you and your coworkers launch a collective claim for unpaid wages.
Step-by-Step Guide to Claiming Unpaid Waiting Time
Proving that a pre-shift or post-shift queue constitutes unpaid work requires demonstrating that the wait was mandatory and heavily controlled by the company. Here is how to handle the situation.
Step 1: Determine the “Control” Factor
The core legal test in Ontario is whether the employer dictates your actions. If you voluntarily arrive 20 minutes early to chat with friends in the parking lot, you are not working. However, if the employer’s policy states “you must be in the biometric scanning line by 6:45 AM to ensure you are on the floor by 7:00 AM,” they have seized control of your time, and that 15 minutes is legally compensable work.
Step 2: Document the Queue Times
Start tracking the daily delay. 🕒 Record exactly what time you arrive at the back of the line, and what time you finally reach the biometric scanner. Do this for both clocking in and clocking out. If a mandatory bag search at the end of the day forces you to wait 15 minutes after your shift officially ends, log that time meticulously. Take photos of the crowded bottleneck if safely permitted.
Step 3: Review Your Union Agreement or Contract
Many large facilities with fingerprint clocks in Ontario are unionized. If you belong to a union, check your Collective Bargaining Agreement (CBA). Many CBAs have specific clauses regarding “wash-up time” or “gate-to-gate” pay. If you are unionized, your first step is filing a grievance through your shop steward rather than the Ministry of Labour.
Step 4: Raise a Collective Concern
Wage theft via time clocks rarely affects just one person; it affects the entire shift. 📣 Gather your coworkers and submit a joint, written complaint to Human Resources. Request that the payroll system be adjusted to pay employees from the moment they enter the queue, or demand that the company install more biometric scanners to eliminate the wait entirely.
Step 5: File a Ministry Claim or Class Action
If the company refuses to change its payroll practices, non-unionized employees can file a claim with the Ontario Ministry of Labour. For massive workplaces where thousands of hours of pay have been stolen over several years, an employment law firm may advise launching a class-action lawsuit against the corporation for systemic ESA violations.
| Pre/Post Shift Activity | Is it Paid Time in Ontario? | Reasoning |
|---|---|---|
| Waiting in line for fingerprint scan | Yes | Employer mandates the security process. |
| Mandatory bag checks at exit | Yes | Employee cannot leave until cleared. |
| Putting on mandatory safety gear (PPE) | Yes | Required integral part of the job duties. |
How Much Does it Cost to Sue for Wait Times?
If you are pursuing an employer for stolen time, there are various legal avenues that make the process financially viable for workers. 💵
- Ministry of Labour: Submitting a formal wage theft claim to the province is entirely free. You do not need a lawyer to file this form.
- Small Claims Court: If your individual damages are under $35,000 CAD, filing a claim in the Superior Court of Justice Small Claims branch costs approximately $108 CAD.
- Class Action Lawsuits: If a law firm takes on a massive time-clock case for an entire warehouse, they almost always work on a contingency fee basis. This means the workers pay $0 upfront, and the lawyers take a percentage (usually 20% to 33%) of the final multi-million dollar settlement.
How Long Does the Process Take?
Resolving systemic payroll issues takes significantly longer than individual disputes. A Ministry of Labour investigation into a large facility’s timekeeping software can take 6 to 12 months, as the officer must interview multiple workers and audit the electronic logs. If your claim escalates into a class-action lawsuit, the timeline stretches considerably, often taking 2 to 5 years to wind through the Ontario court system and reach a final payout.
Frequently Asked Questions (FAQ)
What if the employer blames me for showing up at the busiest time?
If everyone’s shift starts at 7:00 AM, everyone will arrive at 6:50 AM. The employer cannot blame the workers for a bottleneck caused by the company’s failure to provide enough time clocks. If you must wait, it must be paid.
Is it legal to use biometric fingerprint scanners in Ontario?
Yes, employers can generally use biometric scanners for timekeeping, provided they comply with privacy laws, secure the data properly, and accommodate employees who physically cannot use the scanner or have valid religious/human rights objections.
Does “putting on my uniform” count as paid time?
If the employer strictly forbids you from wearing the uniform at home and forces you to change in the company locker room before clocking in, that changing time is generally considered compensable work time under the ESA.
Can the employer just round down my wait time?
No. Consistently rounding down hours to erase 10 minutes of security wait time is illegal wage theft. You must be paid for the actual time you were under the employer’s direction and control.
What if I am a salaried worker waiting in the security line?
If you are paid a fixed salary and are eligible for overtime, those 15 minutes of daily waiting count towards your 44-hour overtime threshold. If waiting in line pushes you over 44 hours for the week, you are legally owed time-and-a-half premium pay.
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