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Is there a law against this? West Virginia

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  • Is there a law against this? West Virginia

    I actually have a 2 part question:
    1. Can an employer make you work "off the clock" against your will.
    2. If you are doing an "after hour" duty for an employer and you are not on the clock and have an accident is the company responsible?

    I do seasonal work for a local tax prep business. The are asking that the night employees take the nightly deposits to the night drop each night. Here is the delimma, they only give us 20 minutes on the clock to make the drop, no one from the office can make it to the drop in less than 30-35 minutes. The place where the bank is located is very dark and unsafe. If it is not specifically written in the yearly contract can they make you do it and threaten to fire you?? Would there be any recouse??

  • #2
    Unless you have a CBA that states otherwise or the contract specifically limits the duties your employer can make you preform any duties which are not illegal. While they can't force you to do anything you do not want, they can fire you for refusing to carry out a legitimate request. If you have a written contract that details only certain duties, you really need to take it to a lawyer to review and see if there are any violations. I would be highly surprised if you have an enforceable contract that did not allow the employer to ever assign additional duties.

    If they are paying you for the time to make the drop, you are on the clock and yes, it is part of your duties. While any accidents while making the drop are situation specific, in general yes, WC would apply.

    Yes you should be paid for the time it takes to make the drop. Have you let your employer know that 20 minutes is not enough time?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      They can require you to work beyond your scheduled shift. They cannot legally require you to work off the clock, if by that you mean you are not being paid for the time.

      Caveat: If you are exempt, then all the hours you work are covered under your regular salary, whether they are in excess of your scheduled shift or not.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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