What are my rights if I work part-time at a donut chain and recently the other employees and I are leaving 30-60 minutes later than our scheduled times but aren’t getting paid for it?

Example: I may work 7 am to 11 am but don’t get out until 11:30 or 12 pm. We don’t get paid for that extra time on the clock. The reason we leave so late is because we have a task list but depending on how busy a certain day is you don’t get to do those tasks until it slows down. So, should we be getting paid for these extra times we are staying until? These tasks aren’t simple I feel I’m breaking my back for nothing. Also, if I don’t finish my tasks before my shift is up, do I have the right to refuse to work overtime if I’m not being paid?

Asked on October 31, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are an hourly employee, then you must be paid for all houra worked--period, no exceptions. (And if you work more than 40 hours in a week, you must be paid overtime for hours past 40.) If you are doing work without being paid, you employer is violating labor law, such as the Fair Labor Standards Act. You could contact your state department of labor and look to file a complaint; you may be elegible to receive back unpaid wages.

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