Career Questions and Answers
Is it legal to keep employees in work after their set hours and not pay them?
Asked by CranberryD5
My boyfriend works for a high street retailer and he has got extremely frustrated with the fact that they keep their employees in after closing to shut the shop but don't pay them for this extra time. He works until closing three times a week and although he is only paid until the hour (e.g. 6pm, 7pm, etc.) he is usually in the shop until about half past closing up. Is this legal?
Thanks for all the answers so far. Just thought i'd add that i live in the UK.
A:
Best Answer:
If he is paid a set salary, eg; 23 hours per week, then anything he does after this is purely voluntary. He should take care to sort this out now as the employer could make that an addition to has statutory employment contract as custom and practice. Have a look at this website. Hope that helps.
http://www.adviceguide.org.uk/index/life/employment/contracts_of_employment.htm
Answered by DJJD
A:
yes they could sue you
Answered by Simpson Kid
A:
yes it is legal
regards x kitti x
ps unfair but legal
Answered by misskitti7®
A:
i would say so, its usualy 15 - 20 minutes isnt it? your bf should just say 'this is my time now so if im not ettin paid im leaving, see you tomorrow'
Answered by *Xx Ashleigh xX*
A:
Sure it may be legal. Or maybe its completely illegal. Ive been there many times. It just depends on how much he values his job. maybe it would help if he expressed the fact he has obligations outside of work and cannot afford to stay late unexpectedly.
Answered by Larry<---
A:
He could complain, or speak to the manager. He may find himself looking fo work elsewhere shortly, I would just look for work in a better larger retailer, where this is unlikely to happen.
Answered by mikeywills
A:
I would say no that is not right.
Answered by "Googy"
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i dont think its fair for them. they're trying to make a living here?!?! at least pay half of the perhour salary
Answered by cuapao
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eat the cake and have it too.
Answered by eematters
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It depends what his contracts states my daughter works in retail as well and her hours are 5 hours a day but sometimes she has to stay on to tidy up which takes 20 minutes and she does not get paid for this but I would check with your local CAB the will advice you.
Answered by jason c
A:
Laws may differ but are still regulated all the same in the US. Hourly no but salary yes. Salary people are payed a set rate for there time weather they work 40 hrs or 60hrs. Now if u are payed hourly u will be paid straight time up till 40 hrs anything over 40 hrs should be paid time and a half.
Answered by camphec63
A:
NO. If you are paid hourly, you are to be paid for all time you are required to be there. For more info, look for wage and hour regulations of the federal government (.gov) But before he blows the whistle, be sure he has options.
Answered by daileyent
A:
That is illegal here in Canada.
Answered by maddog27271
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You don't say what state you are from...check the labor laws in your state.
Check out....http://www.statelocalgov.net/index.cfm
Answered by Peapop
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I have to do it in my place of work! it is aloud up until around 15 mins past the hour! a manager expects you to be organised enough to get out for about quater past as it takes that long to cash up! All other jobs can be done during paid time!
If he cant help but take half an hour tell him to bring it up with his boss! and make a suggestion that he is payed an hour extra for the three nights! as you would expect to leave work at 10-20 mins past so an extra hour a week is fair!!
Answered by Simon C
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I Would Say Its Legal For Like 20 Minutes Or So While They Close Up But Not Really Any Longer Than That
Answered by Emma :)
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Company's have to pay you for the hours you work, If I wasn't getting paid and there wasn't anything in it for me then i would be off pronto, however If your boyfriend wants to have a long career with this company then he should swallow his pride and not complain.
I would imagine as its a retailer he is not planning to spend his life there, so I would advise him too take longer on lunch and turn up half an hour late in the morning to get his time back, they won't have a leg to stand on.
Answered by james h
A:
No. Making them work without getting paid is technically theft. It called withholding wages.
If his workplace has an union, get advice of one of his Union reps.
If he is only contracted to the until the hour, then he has the right to clock off and go on time.
Answered by gavmel259
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NO!!!!!!
Answered by jamesanderson22
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You don't say what country you live in . In the U.S., if you are an hourly employee, federal law requires your employer to pay you for all hours worked (including time and a half for any hours worked beyond 40 hours in a week). If you are a salaried employee, that rule doesn't necessarily apply. Check to see what the law is where you live.
Answered by pinkylee1120
A:
That's not legal. he can call the Department of Labor and make a formal complaint. (it takes a little) but if that's true they have to pay for ALL the time he spend at work.
But maybe he just have another girlfriend to spend time with and that's like one of the best excuses ever. you know.
Answered by J.C.
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Get in touch with USDAW - the union for shop workers to check. They may be able to clarify matters.
http://www.usdaw.org.uk/
Answered by shevek_v
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It is not legal
Answered by G W
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Need to check your contract of employment, most will include that additional overtime out of the set hours of employment may be required. If it isn't mentioned then they must amend his contract to include it (which requires consent from both sides) or come to some agreement. The longer your boyfriend does this it will be deemed that he has accepted the terms and is happy to do thie hours and does not have a case so address the issue sooner rather than later.
Answered by Cher R
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In the US, unless they are exempt (salaried) or under contract, they must be paid for all of the hours they are required to work.
He should look up the appropriate law and bring it to his employers attention. If his employer doesn't pay, then have him go to wage and hour at the Department of Labor and file a complaint.
Answered by Dan H
A:
Employment hours get sticky; it is often based on the status of the employee--management or
labor and full time or not full time.
Working PT, and working BY THE HOUR,
you must be paid per hour that you work.
UNLESS the employer's manual states
differently, you can sue for back wages. Be prepared for 1-2 years of court visits.
He should leave the employer!
Answered by kemperk
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