How do I make sure my son is paid by a company that is making him work off the clock?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I make sure my son is paid by a company that is making him work off the clock?
My son has been working for a corporate retailer off the clock every day for over a week with only a verbal
Asked on July 14, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
He can sue (or you can sue for him, if he is a minor). There is NO such thing as legal "off the clock" or unpaid work: the law is very clear that if you perform work, you must be paid for it. The easiest way to get payment if the employer will not voluntarily make this right is to sue for "breach of contract" (possibly in small claims court, so you can do this without an attorney, to minimize costs), for violating the agreement (even if only an oral, or unwritten one) under which son agreed to be perform work for them; he performed work, so they are obligated to pay him at least minimum wage (or such higher amount, if there was an agreement to pay him more). Alternately, you could contact the state's department of labor about filing a complaint for violation of the wage and hour laws.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.