Am I being treated unlawfully by my employer?

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Am I being treated unlawfully by my employer?

I currently work in the shipping and receiving department. My hours are 7:00 am to 3:30 pm. There have been times that I punch in at 6:58 or 6:59 am and my employer changes or starts my work pay at 7:15 am. Is that something they can do? Also, is it lawful for my employer to have me working in a separate warehouse by myself with no supervision? Last question can my employer tell me to punch out to drive my car from one warehouse to another, and then while still punched out, have me move the company truck from one garage to the next?

Asked on April 5, 2017 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, hourly workers must be paid for all time they work. This means that an employee must be paid from when they clock in, not from when their shift officially starts. Additionally, if they are are hourly they are probably "non-exempt", which means that they are to be paid OT for all hours worked over 40 in their work week Second, there is no law about an employee working by themselves, in a warehouse or otherwise, although it may violate company policy (or an emloyment contract or union agreement, if applicable). Finally, a worker's commuting time to and from work is not compensable, any travel that is done for work purposes is to be paid (i.e. you should not be clocking out). if you beleive that you have a legal claim here, you can file a wage complaint with your state's department of labor.If you employer attempts to take action against you for doing so, that is considered "retaliation" and for this you would have protection under the law.


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