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I’m located in Hawaii and work for a bank and my boss is changing our hours so we close at 4:15 which is also our quitting time. She says that we must balance and put away our tills in 7 minutes so she doesn’t have to pay us extra time. She said she can have us work an extra 7 minutes everyday without paying us. Is this true? So she can have an extra 35 minutes a week of our time free?
Asked on January 4, 2017 under Employment Labor Law, Hawaii
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you are an hourly worker, then all work time is compensable. This means that all time you spend in the performance of your job and related duties is considered work time for which you must be paid. An employer is not entitled to free labor, accordingly a business must keep tarck of an employee's work time in writing and maintain those records. If your employer does not want to pay for additional time, then they should release you from work earlier. At this point, you can file a wage claim complaint with your state's department of labor and/or consult directly with a local employment law attoreny (this might be worth it since there are several employees involved).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, she can't do this: ALL time worked (for hourly employees) must be paid, and if she doesn't want to pay you past 4:15, she can have you close earlier. The law doesn't let the employer get your labor for free; it also requires accurage records of all time spent working, and balancing, etc. your tills is time working. You could contact the state department of labor to file a wage and hour complaint.
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