There may be particulars of which I am unaware, but I see no fault with the employer in this situation and all gripe/piss on the part of the employees.
Caveat Emptor.
I cannot believe that an employee could not have noticed this "stand in line unpaid" situation on their very first day on the job. If you feel this is so totally unfair then you do not have to return for a second day.
Kind of like those sites that warn "By use of this site you agree to our terms and conditions." If you show up for a second day of work then you have agreed to their terms and conditions.
What this action says is after so many years, you quit, and now you want back-pay against a procedure you already agreed to? Stuff it.