Am I being treated unlawfully by my employer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I being treated unlawfully by my employer?
I currently work in the shipping and receiving department. My hours are 7:00 am to 3:30 pm. There have been times that I punch in at 6:58 or 6:59 am and my employer changes or starts my work pay at 7:15 am. Is that something they can do? Also, is it lawful for my employer to have me working in a separate warehouse by myself with no supervision? Last question can my employer tell me to punch out to drive my car from one warehouse to another, and then while still punched out, have me move the company truck from one garage to the next?
Asked on April 5, 2017 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First, hourly workers must be paid for all time they work. This means that an employee must be paid from when they clock in, not from when their shift officially starts. Additionally, if they are are hourly they are probably "non-exempt", which means that they are to be paid OT for all hours worked over 40 in their work week Second, there is no law about an employee working by themselves, in a warehouse or otherwise, although it may violate company policy (or an emloyment contract or union agreement, if applicable). Finally, a worker's commuting time to and from work is not compensable, any travel that is done for work purposes is to be paid (i.e. you should not be clocking out). if you beleive that you have a legal claim here, you can file a wage complaint with your state's department of labor.If you employer attempts to take action against you for doing so, that is considered "retaliation" and for this you would have protection under the law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.