Is a company really allowed to do this?

[teithi71]

The place where I'm currently working, a department store in North Dakota, has the policy that if you are part of the team that closes the store you're official shift end will be scheduled for half an hour after closing time, but they keep the employees there until the management/supervisors are satisfied.

An example that happened recently: I was scheduled 2pm to 10:30pm (with the store closing at 10pm) but we didn't actually leave until nearly midnight.

As you can see, they don't take in the possible time after closing when they make our schedule so we'd end up working a 10 hr shift instead of 8. They don't ask us "hey would you stay later?" - they just expect us to stay - and our overtime is given when we work over 40 hrs a week so we don't get paid any extra money for the long shifts.

Also, if you leave before they say you can - even if its after the time they schedule you for - without permission, you get "written up."

When I was hired (and I've talked to other people who were hired recently and they said the same) I was told to expect to stay about an hour after the store closes - this has RARELY happened (less that 10 times in the 6+ months I've been there. More often than not the average has been 2 hours.

From what I've observed, the store is OBVIOUSLY understaffed, yet they usually expect our smaller team to hold to the same standards as a full team - thus we have to stay so late.

Is a company really allowed to do this sort of thing? It seems to me like there's gotta be some sort of labor laws against this sort of thing or something!

[abisha]

Your company can legally ask you to work overtime and if you agreed to working overtime like on your application or interview there isn't anything illegal about that especially where you're at. But it is illegal for them to not pay you overtime if you're working over 40 hours a week. In California, if you work more than 8 hours in a day you get paid overtime. Check your state to see all of your overtime regulations and then fill out the form they have for you to mail in.

[colten]

Employees are paid to to a job and when someone pays you they say when you work and how long you work, you of course can exercise your right to refuse and they can exercise their right to keep you employed, you work at the will of the employer and they make the rules. There are no laws that tell an employer how to schedule its employees.

[larenzo]

Employees are paid to to a job and when someone pays you they say when you work and how long you work, you of course can exercise your right to refuse and they can exercise their right to keep you employed, you work at the will of the employer and they make the rules. There are no laws that tell an employer how to schedule its employees.

It only becomes illegal if they don't pay you for the time you work, regardless of what you are scheduled to work.

Overtime, contrary to what it seems to think to be mean, apparently only means 'OVER the TIME of 40 hours' as seen below:

"In the United States, the Fair Labor Standards Act of 1937 applies to employees in industries engaged in, or producing goods for, interstate commerce. The FLSA establishes a standard work week of 40 hours for certain kinds of workers, and mandates payment for overtime hours to those workers of one and one-half times the workers' normal rate of pay for any time worked above 40 hours." (1)

So, if you are getting paid your regular pay for the 2h after closing that you stay, nothing you can do. If however they are not paying you AT ALL for that time, then it is illegal. They are not required to pay overtime unless your total time exceeds 40 hours or your contract upon signing up said that you accrue overtime for anytime worked over X hours.