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Can managers keep one at the place of employment without compensation? Idaho

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  • Can managers keep one at the place of employment without compensation? Idaho

    Questions:
    Can one be forced to work longer then one is schedualed?
    Can managers force one to stay one the premises of employment without compensation?

    Background:
    When the store I work at closes they lock the doors. It is fairly common that the managers do not let us out 5-15 minutes after our schedualed time. Sometimes we will be told to clock out and end up standing by the door for 10 minutes off the clock.

    The other night I continued working for 10 minutes past my schedualed time, then the manager told us to clock out. I went into the back room and sat down by the time clock. I waited until I knew they were about leave about 10 minutes later. I clocked out and got to the door before the manager was at the front to unlock it. She was not happy at all with this (she had watched me sit by the time clock) and proceeded to tell me that the law said they could keep us there for "something like 15 minutes" without pay.

    I apologize if this as been covered.
    Last edited by zoink; 11-25-2007, 11:24 PM.

  • #2
    First question, easy answer. No one can FORCE you to do anything, unless maybe there is a gun to your head. However, it is not illegal to require employees to work over their scheduled shift in any state. You may refuse if you like, but you could be disciplined up to, and including, discharge and you would like not get unemployment benefits.

    Now, to the second question. Legally, the employer may round to the nearest quarter-hour for purposes of pay. So, if you worked 10 minutes over your scheduled "out time", they can pay for the 10 minutes, or they can round up to the quarter-hour. Conversely, if you work 5 minutes over, they can pay the 5 minutes or round down to the quarter-hour. Over time, this "rounding" guideline is intended to cover small increments of time that will result in your receiving pay for "substantially all hours worked". However, if you aren't working, it is equally legal to not pay you, even if you are "on the clock", as long as it is your option to stay.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm

    Let's ask a couple more questions. If you clock in and start working 10 minutes before your scheduled start, what happens with your pay? 5 minutes?

    And, if you were to clock out, say 8 minutes after your scheduled "out" time, are you saying that the manager would not unlock the doors to let you out? The only state I can think of off the top of my head where that would be compensable time is New Jersey, but let's get the answer anyway, OK?
    Last edited by Pattymd; 11-26-2007, 05:40 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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    • #3
      You can't clock in ten minutes early unless a manager let's you. The punch clock will only let one clock in 7 minutes or less early. The clock does not round to 7 minutes if one clocks in say 1 minute early.

      We can not leave until the manager gets to the front of the store and unlocks the doors.

      There are between 5-15 employees that close on a given night. They tell us to "clock out" at some point during the night. We then clock out, gather our things, go to the front of the store, and wait by the locked doors. Generally there is a little lag time from when we clock off and when the manager gets to the front; as the manager has to shut the lights off, check the bathrooms, and such (I understand this).

      In the case of the OP I observed that employees were not even in the room with the time clock and the manger had not clocked off. So I sat down and weighted until I new the last group of people was ready to clock off and clocked off with them so I would not be standing by the doors not getting paid. The above is a fairly rare event.

      Something the occurs on a more regular basis is when the general manager (who is on salary) works. He will tell us to clock out -we do- and then will not be seen for 10 minutes while he finishes up his administrative tasks. He then comes to the front, gives a little speech about the day, and lets us out.

      Comment


      • #4
        You can try filing a claim with the state Dept. of Labor. It may work, it may not. This might be considered "insubstantial or insignificant periods of time" as described here:
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.47.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thanks Pattymd for the help. I don't plan on making a big fuss about the whole issue, I just might have a nice talk with some of the managers.

          Comment


          • #6
            Tread lightly, zoink. Generally speaking (I don't know the specific laws in your state), employees who report possible violations of law to the regulatory authority are protected from adverse employment actions, including termination, but are not protected if they just confront/complain to management about it.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

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