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snaphappii
snaphappii asked in Business & FinanceCareers & EmploymentLaw & Legal · 1 decade ago

Being forced to stay at work, but not getting paid?

I was working as a waitress a few days ago at my work, and we were extremely slow. So the manager told me to punch out, but I wasn't allowed to leave. How is this legal or fair? I have to stay at work, but yet I'm not getting paid.

My mother told me this was illegal. Does anyone know of any laws for it so I can show my manager next time?

Update:

This is in Pennsylvania, if that helps any with laws.

Update 2:

Well, I wasn't being forced to work. She told me to go on break even though I didn't want to, but she wouldn't let me leave. Is this still illegal?

Update 3:

I wasn't punched out for a period of 30 minutes at one time.. but she made me take so many breaks that it would add up to over 30 minutes. She basically made me sit there until people walked into the restaurant for me waitress. I did infact do some work while punched out, just to help out. And breaks for minors are only required if one is working many hours. However, I was only working a few.

4 Answers

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  • Donnao
    Lv 7
    1 decade ago
    Favorite Answer

    Did you continue working after your "break" was over? Some places require unpaid brakes. It is not illegal, in fact it is required for minors in all states, and for adults in many states.

    How long did you have to stay for? 30 minutes or more? Anything over that would be considered too long, and something to complain about.

    And technically if it is a true break you are free to do whatever you like, including leave and come back when it is over.

  • Steve D
    Lv 7
    1 decade ago

    The Federal Fair Labor Standards Act requires that an employer pay employees for all time spent at the job. It is a violation of the law to require you to clock out and keep working.

  • SilentScreams
    1 decade ago

    Steve is correct. And, if you wanted to get something done, you could contact the Labor Board. If you had some fellow employees he was doing this to who would agree to talk to them with you, then that would help too.

  • Judy
    Lv 7
    1 decade ago

    Your mom is right, and it's not just illegal in PA, but in all states, by federal law.

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