What constitutes workplace retaliation?

I was forced to clock out to go to the store for business being told,

Asked on February 28, 2016 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF by your question, you mean that your employer sent you to the store to pick up something for work, then it was work when did so (anything your employer directs you to do, onsite or off, and part of your regular job or not, is work)--you should have remained on the clock, been paid for the time, and been paid ovetime as applicable. Your employer would have been in the wrong for trying to prevent you from asserting your legal right to overtime, and in this scenario, you may have grounds to bring a wage-and-hour and possibly retaliation claim; you would speak to the department of labor, not the EEOC, about a failure to pay you for all work done, failure to pay overtime, and retaliation for asserting your rights.

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