Can an employer keep you past closing time every night?

This is the policy
Closing Procedures
Doors to the Center should be locked at the exact closing time according to the posted operating hours. Front office assistants, Registered Nurses, and Rad Techs may be scheduled to work at least 30 minutes after the clinic closing time, based on volume. The staff is required to stay in the building until the last patient is discharged and the Closing Procedures Checklist/ Clinical Checklist has been completed.

I’ve documented that the employer has kept me over the 30 allotted time over 30 in the 156 days I’ve worked.

Asked on October 7, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your employer can keep you as late it wants, unless you have a written employment (including union) contract setting forth your hours--if you have such a contract, it is legally enforceable and you cannot be forced to work in excess of it. Otherwise, employers have 100% discretion or control over your hours, and may make you stay at work as late as they like, subject only to their obligation to pay hourly staff for all hours worked, and to pay non-exempt staff (which includes all hourly staff) overtime when they work more than 40 hours in a week. Any time you are required to stay or be at work is work time, so if you are hourly, you must be paid for this extended time; if you are not being paid, contact the state or federal department of labor about filing a wage-and-hour complaint.


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