Am I required to stay at work?

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Am I required to stay at work?

I dont qualify for OT because I dont meet the
weekly hour requirements. Although my boss is
requiring I stay after work to finish paperwork for 2
hours beyond my normal clock out time but isnt
paying me at all. Is this allowed?

Asked on June 9, 2018 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Your employer, not you, determines when you work and can make you work after your normal shift or worktime (or before it, on on weekends or holidays, etc.).
2) If you are an hourly employee, you MUST be paid for all work you do. If you stay and work 2 hours after your nomimal "clock out" time, the employer must still track the time and pay you for it. It doesn't matter if you "clocked out": if you are working, you must be paid.
3) If your not exempt from overtime (which includes if you are paid on an hourly basis), you must be paid overtime whenever you work more than 40 hours in a week, regardless of what your normal schedule is--that is, even if 9 of 10 weeks you work too few hours for overtime, if in the 10th week, you work 43 hours, you must get 3 hours of overtime.
If you are not being paid for all hours or not being paid overtime when you work more than 40 hours, contact the department of labor about filing a complaint.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Your employer, not you, determines when you work and can make you work after your normal shift or worktime (or before it, on on weekends or holidays, etc.).
2) If you are an hourly employee, you MUST be paid for all work you do. If you stay and work 2 hours after your nomimal "clock out" time, the employer must still track the time and pay you for it. It doesn't matter if you "clocked out": if you are working, you must be paid.
3) If your not exempt from overtime (which includes if you are paid on an hourly basis), you must be paid overtime whenever you work more than 40 hours in a week, regardless of what your normal schedule is--that is, even if 9 of 10 weeks you work too few hours for overtime, if in the 10th week, you work 43 hours, you must get 3 hours of overtime.
If you are not being paid for all hours or not being paid overtime when you work more than 40 hours, contact the department of labor about filing a complaint.


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