How do I make sure my son is paid by a company that is making him work off the clock?

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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 3 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.


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