working after hours?

Question

Where I work right now the maximum amount of hours you can work is 40 per week. They pay no overtime and will not pay for any hours over 40.
Anyway, occasionaly at the end of the day somthing will come up, and my boss will come up to me at the very end of the day and will tell me to do somthing (unload a truck, load somthing on to trucks ect. ) I do it, but it's starting to annoy me that he tells me to do these things and doesn't ask me to do it. He's not exactly the nicest person anyway, and part of me thinks that I should just say no and go home since I won't be getting paid for my extra 20 minutes worth of work. I think if he asked me to do it I would be a bit more happy to do it than him just ordering me to do this stuff. I've already done things like look at the clock right when he's telling me to do this stuff and he says things like "It's part of the job".
Does anyone think I should go to his boss or should i just grin and bear it?

Answer 1

I cannot advise you on your quandry but I can advise you of one significant thing: Keep a Log. Each day, make a quick note who asked to stay, what you had to do, and the date and times involved.

What is the reason for this, you ask? Because if you were to get hurt during this "non-clock" time, workman's comp would not cover you; your medical bills and miscellany would come straight out your employer's pockets. And as surely as God made little green apples, you can bet on 2 things. One, there is a notice somewhere at your workplace that explicitly states you are NOT to work off the clock. Two, your employer will be denying in a very loud voice that you were never asked to work off-clock and that this was done without their knowledge or permission. Cover your a** my boy...

Answer 2

Well, if you work the time, they have to pay you, whether they want to or not. If you are on the clock, they pay. If you were just doing it because you want to, that would be one thing and YOU would be responsible. Since they require you to work, they'll have to pay.

The way they are doing it, they are saying you are not on the clock, so that is a HUGE liability no-no for the company. It's like making some guy off the street come in and do work from a liability standpoint. What happens if you get hurt working off the clock? They get a big FAT lawsuit. Their insurance would not cover this kind of accident and they would be up a creek.

I suggest you speak with someone at the department of labor. It might be hard to work it out, but this is what we like to call ILLEGAL. A company can't require you to work off the clock. That's not part of your employment agreement.

Of course, if you are in an at will state, they can also fire you for any or no reason at all. So tread carefully. There are protections even in at will states, though, for whistleblowers. It would just be hard to prove you were fired for blowing the whistle.

Answer 3

Contact the local Division of Wage and Salary at the local Department of Labor. Your boss is breaking the law. All hours worked by a "non-exempt" employee after 40 must be paid overtime (1.5 x regular rate). It is not "part of the job" it's part of the law.

Answer 4

You have a greivance with your State's Dept of Labor, for sure.

In the meantime, tell your boss that part of the job is to get paid hourly for every minute worked. It's the law. Inform him that forcing or distressing you to do things without getting paid not only makes the company liable for money, but makes him liable in a civil suit for the duress he is causing you.

Then, behind his back, make funny faces at him and call him names.

Answer 5

You could go to the Department of Labor; if the company requires (or allows) you to work extra time, it HAS to pay you for that time. In some cases, comp time is permitted. But the company does owe you for that.