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Arizona, Forced to work off the clock?

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  • Arizona, Forced to work off the clock?

    Hello.


    Thanks in advance for the guidance and any small assistance.


    If a manager surreptitiously requests an at-will, non contract, employee clock out for the day but continue to work for 1/2 hour longer, is any Arizona labor law violated?

  • #2
    If you're a non-exempt employee, you must be paid for all hours/time worked. That would be counted as work time.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Not only Arizona law, but Federal law too.
      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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      • #4
        Just to be clear, asking you to work the extra half hour is totally legal (absent one of the every few fields which limit hours worked, assuming you were at the limit). Not paying you for the work you performed durin gthat half hour may or may not be legal depending upon whether you are paid as exempt or nonexempt.
        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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        • #5
          Agreed with everyone else. Past that, non-exempt employees working for sketchy employers can and should keep their own time records. Filing a wage claim with federal/state DOL while still working for an employer has some potential risks, but bad employers frequently give people other reasons to leave, and there is every reason to file a wage claim while otherwise out the door. At what point having your own accurate time accounting records can be very important.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thank you all so very much. Does anyone know where to source arizona labor law? I was unable to uncover anything.

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            • #7
              You can probably get some information off the Az. DOL website (Industrial Commission of Az.). You can also do a google search for Az. employment/labor law.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Though why a non-exempt employee would have to prove to his employer that the law requires employers to pay their non-exempt employees for all the hours they work is beyond me. Any employer that doesn't know this basic fact shouldn't be in business.

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                • #9
                  Some employers do not known what the law is. Some employers do not care what the law is. I have worked for bosses who saw God every time they looked in the mirror. Or who identified with Judge Dred, as in "I am the law".
                  Last edited by DAW; 01-31-2014, 06:34 AM.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    If I recall correctly, the AZ DOL website was one of the less user-friendly ones. However, Federal law should do nicely:

                    http://www.dol.gov/whd/flsa/

                    I did find this:

                    http://www.ica.state.az.us/Labor/Lab...ment_Laws.aspx
                    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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                    • #11
                      And while the majority of employers know what the law states, there are still a lot of industries where managers are not highly trained and may not even realize they can not make up the rules as they go. Ideally anyone with supervisory responsibility would understand employment law basics but that just doesn't always happen.
                      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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