delugia
10-01-2005, 12:56 PM
MY wife recently obtained a job at a Japanese restaurant. She is Japanese and the owner is Japanese so therefore the workplace has a Japanese mentality. Which means, when the boss asks her to clock out she has to clock out regardless if she has tables or not and then she has to do the remaining work off the clock. Is this even remotely legal? Is there any thing I can do to help?
No, it is not legal. There may be a Japanese mentality but the restaurant is operating in the US and thus is subject to US laws. In the US, your wife cannot be required to work for free; if she works, she has to be paid.
Other than encouraging her to submit a claim to the state DOL, however, there is nothing you can do. You have no standing to interfere in your wife's employment relationship. She is the one who is wronged; she is the one who has to take action.