Is it legal for my boss to stop paying me at 10:15 every night when I work until 11:15 or 11:30?

I’m a minimum wage employee at a franchise restaurant. Each night the store closes at 10:00 pm, and with the long list of closing duties that must be done past that time, I normally don’t get out of there until about 11:15 or 11:30. If I don’t complete all my closing duties I’ll be written up,but they stop paying me at 10:15. What can I do?

Asked on July 25, 2012 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could bring a wage and hour complaint to the department of labor, or speak with an employment law attorney about suing for back wages. Hourly employees must be paid for  all hours worked, including cleaning up, closing up shop, etc. If they work more than 40 hours in a week, they must be paid overtime for all hours past 40. What your employer is doing is illegal; it seems as if you are owed an extra hour to hour-and-a-half of wages each night.

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