My workplace keeps me after I have clocked out. Is this illegal?

Question

I work for a monopoly corporation. When they close, the manager does the self check out machine and takes all the money to the back. Well, while he's doing this, he claims he can't let us out and that we have to wait til he's done with the money. This means that me and the other employees have to be stuck inside by the front door, anywhere from ten to thirty minutes without pay, becuase by this time, we've all already clocked out. some people take this time to organize their departments off the clock, but not me, i just want to go home! i dont mind if it happens once in a while but it seems to occur often whenever i get the closing shift. is this illegal? should i report it to our company's ethics hotline?

also, i cannot punch out as im leaving. time clock is in the back. if i see the manager coming, and i run to the back and then punch out, the door will be closed by the time i reach the front. so i have to clock out in the back, then go to the front and wait. otherwise i would have punched out already at the front.

Answer 1

yes it is illegal
do a few things
keep a reliable record of all the hours with dates and times, and who told you to stay and who said to leave, and also who else was and is there with you when being forced to work for free, everyone, and also maybe if you can do not punch out until you actually leave,
maybe punch out one day and then wait a while and get hurt and Make them or you yourself call 911 for help, what more evidence would a court of law need, you have him, and or them and a large huge money making law suit, then hire the BEST attorney, PERIOD...just do it, and make sure your punched out and YOU call 911 saying you need help and go tot eh hospital for a fall and your head and back and neck hurt....GO FOR IT
JUST DO IT
NOW ! ! before some one else does it there and you lose out on millions and millions of dollars....

good luck
smile

Answer 2

YES, IT IS ILLEGAL & UNETHICAL...to keep an employee from leaving the premises after they have clocked out is not only a criminal offense, it is illegal according to the federal labor laws of the U.S. Using the hotline might help, but in the end, YOU will be terminated for something other than the subject at hand. I once worked for a CO with a similar hotline & reported my manager for the same thing & it backfired on me. Good luck. I would suggest that you just clock out when you leave Or JUST DO NOT CLOCK OUT AT ALL. If enough employees do not clock out, them corporate will see that there is some truth to your "stories". You should at least be allowed to leave BEFORE your manager does his closing & if your CO is professional, then the manager should be working in conjucntion with a Controller at the end of the day to verify the cash count & safe deposit. Your boss could be skimming & keeping all of you there to use as a diversion to his antics. Call the hotline with concerns regarding ONLY the unjust behavior of the timeclock antics & beware if what could come next...you could be accused of a crime that you never took part in...missing cash is hard to pin on those who are in command if they are in a store full of employees. Each one of you could be investigated if there is a shortage!

Answer 3

If you are required to stay until the money is counted then you should be getting paid. Think about it - 1/2 hour 4 days a week at lets say $10 an hour -- is $20, for 52 weeks a year.......that is a $1040 dollars per year per employee the company is getting for free.

Answer 4

i dont know if this illegal but i would not put up with this bull anymore either tell this person he is to let you go before he continues with his work or stay on the clock..im sure standing at a locked door isnt in your job description is it? i would say something to this guy or his superior and if that doesnt work take it a step higher until you are treated justly

Answer 5

There was a class action against Wal-Mart over this very issue and I believe a nice settlement was reached in favor of the employees.

I suggest you keep very good records of each and every time you have been locked out and for how long and who is doing the locking. Then consult an attorney. You have a good claim for lost wages.

Any civil litigation or personal injury attorney will be interested in talking to you and helping you and the consultation will be free.

Answer 6

Keeping you from leaving work constitutes time that needs to be compensated - it is required of you to be there, so legally you should be paid for that time. If possible, you should not clock out until you are walking out the door or staying past your shift on your own accord, without doing any work (like socializing with co-workers).

Answer 7

You should report this to someone who is over your manager. This is not illegal but sounds unethical. However, if you do not complain about this practice, you are condoning it to continue. Also call the fire department. Many cites have ordinances that require buildings over a certain occupancy to have doors that can open from the inside at all times. This is very true of office buildings.

Answer 8

um i'm not sure it seems rules are different for places of work..

if losing that much time bugs you that much maybe you shouldn't clock out till he lets you go.. but then you ethically have to do something usefull well you waiting for him to get done.. your still getting paid so you SHOULD help organize the departments..

also if i were you i would probably be one of those people who take the time to organize off the clock.. i mean when its time for a promotion.. who do you think will get it.. one of those people with the better work ethic?

Answer 9

Off the clock, out the door. Simple. If your employer wants to pay for you to stay there, then he can make you stay.

Answer 10

Look at the site below for employment law. Make sure to change the location in which you reside. Hope this helps.