Is it legal to keep employees in work after their set hours and not pay them?

Question

My boyfriend works for a high street retailer and he has got extremely frustrated with the fact that they keep their employees in after closing to shut the shop but don't pay them for this extra time. He works until closing three times a week and although he is only paid until the hour (e.g. 6pm, 7pm, etc.) he is usually in the shop until about half past closing up. Is this legal?

Thanks for all the answers so far. Just thought i'd add that i live in the UK.

Answer 1

If he is paid a set salary, eg; 23 hours per week, then anything he does after this is purely voluntary. He should take care to sort this out now as the employer could make that an addition to has statutory employment contract as custom and practice. Have a look at this website. Hope that helps.

Answer 2

I Would Say Its Legal For Like 20 Minutes Or So While They Close Up But Not Really Any Longer Than That

Answer 3

Yes, it's legal. If you are a salaried exempt employee you can't "switch" to hourly without being in violation of the Fair Labors Standards Act, a federal law. Have you asked to work from home or shorten your work day? If your CEO is really only working 36 hours a week, I guess that is where part of the problem comes in. I work with lots of executives and it's not uncommon to get an email in the late at night or early in the morning. Just because they aren't at work, does not mean they aren't working.

Answer 4

I have to do it in my place of work! it is aloud up until around 15 mins past the hour! a manager expects you to be organised enough to get out for about quater past as it takes that long to cash up! All other jobs can be done during paid time!

If he cant help but take half an hour tell him to bring it up with his boss! and make a suggestion that he is payed an hour extra for the three nights! as you would expect to leave work at 10-20 mins past so an extra hour a week is fair!!

Answer 5

Laws may differ but are still regulated all the same in the US. Hourly no but salary yes. Salary people are payed a set rate for there time weather they work 40 hrs or 60hrs. Now if u are payed hourly u will be paid straight time up till 40 hrs anything over 40 hrs should be paid time and a half.

Answer 6

You don't say what country you live in . In the U.S., if you are an hourly employee, federal law requires your employer to pay you for all hours worked (including time and a half for any hours worked beyond 40 hours in a week). If you are a salaried employee, that rule doesn't necessarily apply. Check to see what the law is where you live.

Answer 7

Employment hours get sticky; it is often based on the status of the employee--management or
labor and full time or not full time.

Working PT, and working BY THE HOUR,
you must be paid per hour that you work.

UNLESS the employer's manual states
differently, you can sue for back wages. Be prepared for 1-2 years of court visits.

He should leave the employer!

Answer 8

Need to check your contract of employment, most will include that additional overtime out of the set hours of employment may be required. If it isn't mentioned then they must amend his contract to include it (which requires consent from both sides) or come to some agreement. The longer your boyfriend does this it will be deemed that he has accepted the terms and is happy to do thie hours and does not have a case so address the issue sooner rather than later.

Answer 9

Company's have to pay you for the hours you work, If I wasn't getting paid and there wasn't anything in it for me then i would be off pronto, however If your boyfriend wants to have a long career with this company then he should swallow his pride and not complain.

I would imagine as its a retailer he is not planning to spend his life there, so I would advise him too take longer on lunch and turn up half an hour late in the morning to get his time back, they won't have a leg to stand on.

Answer 10

It depends what his contracts states my daughter works in retail as well and her hours are 5 hours a day but sometimes she has to stay on to tidy up which takes 20 minutes and she does not get paid for this but I would check with your local CAB the will advice you.