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Required to work off the clock. Massachusetts

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  • Required to work off the clock. Massachusetts

    Ok here it is my wife soon to be is being REQUIRED to attend a work meeting on her day off. She is being made to do a presentation about work and the entire meeting is all based around new items being implemented at her job. Her boss said he doesn't have the labor to pay the associates but he is having it at a bowling ally and letting them bowl for free, giving them food, and buying them drinks.
    The question I have is if she can be REQUIRED to attend this without being compensated for working. The fact that he is supplying food or having it somewhere else does not negate the fact that this is a work meeting he is trying to play off as recreation so he doesn't have to pay his employees. What scares me is she works for one of the largest Pharmacies in the USA.
    As a manager myself I am very up to date on labor laws and in MA unless you are an on call employee you can not be required to work outside your scheduled shift. Also federal law doesn't allow for your employeer to make you work without being paid for it if you are a non-exempt employee.... I think that's called slavery....
    I am looking to where I can find the law in MA in black and white or federal law that states this and or who I can call. I looked at the MA Law website but all I can find are phone numbers to report fraudulent activity.

    Please any advice or help WOULD BE OUTSTANDING!!!

    Thanks all....

    P.S. This is a common practice for her boss to make his employees work off the clock..
    NCMA
    Junior Member
    Last edited by NCMA; 03-31-2009, 12:14 PM.

  • #2
    Well, first of all, no, there is nothing in Federal law, MA law or the law of any other state that says you can't be required to work outside your scheduled shift unless you are on call or a so-called "on call employee". So the reason you're not finding it is that it doesn't exist. There is no such law anywhere in the US. You may work for a place where that is company policy - it is absolutely not the law.

    Is your wife exempt or non-exempt? It makes a difference. Non-exempt employees must be paid for all the time they work, under Federal law, and must be paid overtime for any hours over 40 in a work week. Exempt employees have no legal expectation of being paid anything at all over and above their regular salary regardless of how many or how few hours they work.
    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
      I forgot to add that piece that she is a Non-exempt employee of course that is what I was directing to where I said they can not make her work when not being paid..... Sorry I forgot to specify

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      • #4
        Then what you are looking for is the Fair Labor Standards Act at the Federal level. Perhaps one of the payroll people can direct you to the right page. At the state level this is what you are looking for; I am not responsible for the huge block of tightly woven text - that is how it comes.

        http://www.mass.gov/legis/laws/mgl/149-148.htm
        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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        • #5
          Federal hours worked rules.
          http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            However, she could be disciplined or even terminated (legally) if she refuses to perform this assignment.

            Her recourse if she is not paid for the time is to file a claim for unpaid wages with the state AG's office.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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