Can my call center employer make me stay after ‘Im scheduled to be off and not pay me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my call center employer make me stay after ‘Im scheduled to be off and not pay me?
For example if you are scheduled to be off at 7:00 and that’s when the queue closed. But they make you stay until 8:01 or 8:02. If a call is left in the queue and I get it and don’t make the call last until at least 8:08, I don’t get paid. In a year they don’t pay me for at least 260 minutes worked, not including the many times I get a call and take more than 2 minutes but less than 8. So minimal I’m not receiving $47 pay for working.
Asked on February 24, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An hourly employee must be paid for all time worked, including time after the employee's nominal shift end. While the law acknowledges that even today, it is difficult to keep time exactly, and so will not penalize an employer for being off by a minute or two at a time, requiring an employee to work at least 8 more minutes to be paid is very likely illegal--you're being required to work more than an additional tenth-of-an-hour for compensation. Based on what you write, it would not be worthwhile bringing a lawsuit; you may, however, wish to contact your state labor department and see if they will take action on your behalf in this regard.
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.