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 8 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.


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