What time is an employee legally required to be paid for?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What time is an employee legally required to be paid for?
I work at a convenient store. I have to clock out and then count my money drawer. I spend 10-15 minutes each day. My employer also does not may me time and 1/2 for over 40 hours. He carries any time over 40 to the next week and pays me straight time on it. There are no 10-15 minute breaks or lunch which is fine because I don’t want to lose the money by clocking out for breaks or lunch. I don’t need one. I feel this employer is taking advantage of me.
Asked on November 13, 2011 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have to be paid for all work time, whether or not you clocked out--i.e. you are paid for work you do even after your shift. So if you are counting the cash drawer, that is work, and you must be paid for it. Also, an employer has no right to carry over hours to another week and pay straight time on it--if you are an hourly employee and work more than 40 hours in a week, you *must* be paid overtime for those additional hours. From what you write, your employer is violating labor law; you should discuss the matter with an employment attorney, to see what your case might be worth and your options. Good luck.
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.