Can I be forced to stay at work after my scheluled hours?

johnkmayer

You should sit down with your boss and talk to him /her politely about your concerns. Then go from there, you would be surprised what a civilized talk can do.

Just_gone

http://www.workplacefairness.org

higg1966

How they treat you is up to you. First you have to decide how much you need the job. Then you decide if you are going to leave or not at the scheduled time and if you are going to take the break. If you know you are going to be working late you tell them, "I know I am working late, so I am taking a break" and you take it. Or you say, "I have plans so I am leaving at my scheduled time." You then have to follow up by doing exactly as you say. If they decide that don't like that they can fire you, but it sounds like you are working fast food so they might not. It's your choice what to do they don't have a gun, or any legal action they can take. Just do it assertively without anger and you will either start getting you way or you will be looking for a new job if they hate it. Good luck!

Tell me something useful

Thats difficult.....

The first issue, no they can not force you to stay past your written scheduled time. That sounds like they have issues making their schedules, not your problem.

Second, the additional break. Depends on how much you like or need your job. You can address the issue with management that you are not getting breaks that you are entitled to, you can report them to the department of labor and industries for not following the labor laws if they refuse to give you your breaks.

Last, the pay difference.... There is always going to be pay differences no matter where you work. Before taking any job you should ask what your duties are and what hours you will be expected to be available for. After learning that, negotiate your pay, if they expect more from you then they can offer you a little more pay. As for your current job, the only suggestion I can make is talk to your manager and explain that you are doing more than what was expressed to you before employment and ask for them to adjust your rate of pay. It can't hurt to ask, but you will also know if they are really a place you care to stay working at of if you a ready to look elsewhere.

Mel

First question first: depending on what industry you work in, required meal and break periods may vary. There should be a Wage Order posted near a timeclock or employee entrance, which describes the wage and hour provisions for your industry. Look under "meal and rest periods" to see what you're entitled to by law. (BTW, if they don't have this posted, they are violating labor department regulations.)

For most industries, it is as you've described - a 30 minute unpaid lunch for every four hours worked (unless your shift will end after 5 hours, in which case it's ok for them not to provide a meal break), plus a10-minute paid rest period for each four hours of work.

If your employer refuses to give you the rest periods to which you are entitled by law, they are committing a wage and hour violation under the Department of Labor and you are entitled to file a complaint (www.dol.gov.)

Also I'm not clear on what you mean by "staying over" at the end of the shift. Are you clocking out and then continuing to work? If so, that is illegal and you should file a complaint. You must be paid for the time that you work.

For your second question, it is not necessary for the company to pay people the same amount of money, even if they are performing the same job. Other factors such as seniority, education, etc., are often taken into account. However, if there is a large and unexplainable pay discrepancy (men make more than women who do the same job, for example, or the boss's nephew makes three times as much as more senior-level people) then you may have cause for a complaint based on disparate treatment.

Check with your local labor board (the site above will give you a link to your state.) Good luck.

hypno_toad1

Your employer's answer will always be, 'You don't have to work here if you don't like it'. Unfair maybe but true.

Tes2216

I work in retail for a company that refuses to hire more help to cover its demand, in turn I am being spread so thin that I end up having to do the job of at least four people and am expected to complete these projects with no help, on top of being told that I cannot home at the end of my shift until these tasks are completed. Can my immediate supervisor force me to stay and not clock out until these certain tasks are completed?

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