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i think this is illegal someone help plz

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  • i think this is illegal someone help plz

    i work at a restaraunt and i was informed today that there is a mandatory cleaning session at 10 pm tonight everyone has to come. the thing is, i already have to work from 12-8 pm and i was told that we arnt getting paid for cleaning the store...this cant be legal how can they make a mandatory cleaning session without paying anyone. especially since i have already worked for 8 hours it should be overtime as well someone help plz ill go in tonight but i want to know if they can accually do this if not plz post a link with evidence of legality or illegality.

  • #2
    It is legal to have a mandatory cleaning session, but they have to pay you for it.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      It is work. You must be paid for it.

      That you worked eight hours already does NOT mean you get paid overtime for working beyond eight hours. That is true only in Alaska, California and Nevada. If you aren't in one of those three states, you get straight time for working over eight hours in the day unless you go over 40 hours for the work week.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        I know that is ilegal not to get paid. You've worked for 8 straight hours, so that means like overtime, right? I would say something

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        • #5
          Originally posted by JOE6 View Post
          You've worked for 8 straight hours, so that means like overtime, right?
          Working more than eight hours in a work day, as I pointed out above, entitles an employee to overtime only in three states. We have no idea if the OP is even in one of them.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            If you work when they tell you to, you must be paid. In some states, it's even illegal to voluntarily work without pay.

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            • #7
              Originally posted by playwithkitty87 View Post
              In some states, it's even illegal to voluntarily work without pay.
              That is not allowed in any state for an employee.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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              • #8
                Originally posted by playwithkitty87 View Post
                In some states, it's even illegal to voluntarily work without pay.
                Actually, that would be true in all 50 states.
                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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                • #9
                  Jinx, Elle!

                  Now you owe me a Coke.

                  Well, actually, I will deduct it off what I owe Patty, so you owe her one.
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                  • #10
                    I only said some, becaus eI wasn't sure if that was federal or state.

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                    • #11
                      We are all assuming you are a non-exempt employee. If you are, you must be paid for all hours worked including OT for time over 40 hours in the week.

                      If you are an exempt employee, they can call you in for any number of hours over your normal 40 they wish and are not required to pay anything.

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                      • #12
                        Yes but even if you are exempt, if you are working, the employer must be paying you. They can't declare you exempt from wages entirely, they just don't have to pay OT.

                        Scott- I'm not sure I follow that but I owe Patty dinner at some point anyway.
                        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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                        • #13
                          Originally posted by ElleMD View Post
                          Scott- I'm not sure I follow that but I owe Patty dinner at some point anyway.
                          Jinx's happen when we post the same answer within minutes of each other.

                          The first poster is owed a coke or maybe another beverage by the first one with the answer.

                          I will cook dinner for you and Patty anytime, but I won't go to Maryland to do it. You have to come to Maine. I suggest spring (June 30) or summer (July 1). Fall is nice (Jul 2 - Sep 30).
                          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                          • #14
                            Hmm, sounds like a road trip to me..... But it will definitely be in warmer weather. Had about all I can stomach of snow for one year.
                            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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                            • #15
                              Originally posted by ElleMD View Post
                              Hmm, sounds like a road trip to me.
                              I had considered going down to DC for the SHRM Conference, but I am passing on this one.

                              I get to the DC area maybe once a year. You, Patty and I can meet sometime. Who else is down that way?
                              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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