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being told to clock out but continue to work South Carolina

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  • being told to clock out but continue to work South Carolina

    Last week Dec.9-15...my area manager had scheduled me and another assistant mngr over 40 hours....I called and asked if she knew that she had done so and she replied yes...I then asked her if she knew that the way she scheduled us we would not be able to take the one hour breaks she had on the schedule due to the fact that we would nit be in the store at the same time to relieve each other for break....she said she wanted us to clock out for break but we could not leave the store and that when a customer comes we are to ring up their sale but have someone else remove the sensors and bag the items....so this is what we did..and are having to do the same this week...however isnt working off the clock against the labor laws....and shouldn't she know that this is against the law since she is an area mngr.....do we have a case against our company? What should we do and who do we contact?
    Last edited by 96fashion; 12-18-2012, 06:56 PM.

  • #2
    Working more than 4o hours per week is legal. Not allowing you to leave the store is legal. Not paying you for the time you are actually working on that break is not, IF you are paid on an hourly basis. If you are exempt, your one hour break is just company policy. Assistant manager can go either way.

    How frequent are these interuptions and how much time are you spending working during your break? If it is rare and you are just needed to spend 30 seconds pushing a few buttons on the register, it probably falls under the de minimus category and isn't worth filing a claim over. If this is a regular occurance and you are spending considerable time working during the unpaid break, then it is a problem. I would start by reporting to your employer that you are in fact working 15 minutes of every break or whatever it is. If they refuse to pay it, file a claim with the DOL.
    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
      If you are hourly non exempt (not an exempt employee) & you believe you are owed wages, you can file a wage complaint with the SC DOL as opposed to the US DOL. (copy of wage claim form for SC in link provided)

      However; if your employer still will not pay you, the SC DOL does not have the authority to collect wages or make your employer pay you. You would have to recover your wages by legal action through the courts. You would contact the magistrate's office in the county in which you worked.

      http://www.llr.state.sc.us/Labor/wages/pdf/wcl-3.pdf
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      • #4
        Originally posted by ElleMD View Post
        Working more than 4o hours per week is legal. Not allowing you to leave the store is legal. Not paying you for the time you are actually working on that break is not, IF you are paid on an hourly basis. If you are exempt, your one hour break is just company policy. Assistant manager can go either way.

        How frequent are these interuptions and how much time are you spending working during your break? If it is rare and you are just needed to spend 30 seconds pushing a few buttons on the register, it probably falls under the de minimus category and isn't worth filing a claim over. If this is a regular occurance and you are spending considerable time working during the unpaid break, then it is a problem. I would start by reporting to your employer that you are in fact working 15 minutes of every break or whatever it is. If they refuse to pay it, file a claim with the DOL.
        Originally posted by Betty3 View Post
        If you are hourly non exempt (not an exempt employee) & you believe you are owed wages, you can file a wage complaint with the SC DOL as opposed to the US DOL. (copy of wage claim form for SC in link provided)

        However; if your employer still will not pay you, the SC DOL does not have the authority to collect wages or make your employer pay you. You would have to recover your wages by legal action through the courts. You would contact the magistrate's office in the county in which you worked.

        http://www.llr.state.sc.us/Labor/wages/pdf/wcl-3.pdf
        I am actually an hourly paid assistant mngr....sometimes its pushing a few buttons...normally we are actually WORKING thru our break...we are told to clock out to help cut payroll for the store...also this is beginning to be a constant occurrence....thanks for replying...any advice is appreciated

        Comment

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