Can your employer ask you to work off the clock?

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Can your employer ask you to work off the clock?

And then threaten to fire you for clocking in order to get paid for the hours you are working?

Asked on December 1, 2012 under Employment Labor Law, Missouri

Answers:

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

Answered 8 years ago | Contributor

No this is not legal. All work time is compensable time. That is, you must be paid for it. And if this additional time puts you over 40 per week (and you are a non-exempt employee) you are entitled to be paid overtime as well.

At this point, you need to contact your state's department of labor and file a complaint. Additionally, you can consult directly with an employment law attorney to find out more about your rights/remedies.


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