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Hourly Employee: Required to work off clock Virginia

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  • Hourly Employee: Required to work off clock Virginia

    Hello,
    I am an hourly employee, $8.50/hr for a used car dealership. I have been their two years, and have been dealing with ever escalating problems. I need help on this particular issue. We had a meeting the other day, and my time to leave came. I wasn't being paid anymore. I left. Now I am being told by the manager/ owner that it doesen't matter if I get paid or not, when we have a meeting I have to stay, even off the clock. My question is if it is legal to force an hourly employee to work off the clock. Is it not true that in VA an hourly employee must be paid for all time worked? Please direct to a a website were I can print this out to show, as I was challenged to do so. Perhaps the VA osha website or some other accedited organization. Thank you for any information.

    RT

  • #2
    You have two separate issues here.

    If there is a meeting and your presence is required, then you can be fired for getting up and leaving. No law in any state prohibits your employer from requiring you to attend a meeting, even if it would normally be your time off. If you are fired for non-attendance, or for leaving before the end, you do not have legal recourse. The same applies for other disciplinary action. The employer is within his rights to discipline you for leaving before the meeting is over.

    However, you do have to be paid for mandatory meetings. There is no provision, if you are a non-exempt employee, for unpaid mandatory time. If you are not paid for the time and you should, you DO have legal recourse in the form of a wage claim with the state or a small claims suit.

    The law you want is the Fair Labor Standards Act, which is the primary law covering wages in the US. However, Patty or DAW or one of the other payroll people will have to direct you to the applicable page.
    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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    • #3
      Thank you for your reply. Regarding the meeting, I did stay for it, but after 1 hour of not being paid, I asked to leave and was allowed to. I am being told today, however, that in the future if we have a meeting, or if something needs to be done over my normal hours, I do not have the legal right to recieve compensation. Essentially, I think, working off the clock. If someone can direct me to a ruputable page so I can print out this information to have for my records. Thank you again for your help.

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      • #4
        Assuming you are a straight hourly-paid employee:
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.27.htm

        If any one of the criteria listed above fails, then the time must be paid.
        Last edited by Pattymd; 04-16-2009, 12:36 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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