If I am scheduled 3pm to 10pm (closing), Can I be forced to stay longer? If I stay longer, I should be getting an extra 15 minute break, but I am not. Can my employer legally do this?
by 
Anonymous
ANSWERS: 6
-
G'day Anonymous, Thank you for your question. It depends on what the law is in your area. I would check with the relevant government agency in your area. Offhand, if you are asked to work longer, you should be entitled to overtime and a break. I would check with the relevant agency to see if it is the case. Regards
-
I typically work from 8:30 AM to 7:00 PM and get only a 30 minute to 1 hour break (given the amount of traffic we are recieving) We close at 6, yet I am still forced to stay until all tasks are finished (even if I have finished my own. That's my personal.. erm, experience? It might not help but maybe your answers will help me too. Maybe I too should be getting more breaks.
-
In California, you are generally obligated to follow your employer's lawful instructions. So yes, you have to work when asked to work. However, you are also entitled to be paid for all time worked, including those extra 15 minutes. As far as breaks go, in California you get 10 minutes for every 4 hours "or major fraction thereof." So you'd be entitled to 2 10-minute breaks for working 7 hours or working 7 hours 15 minutes; the extra 15 minutes does not change your entitlement to your second break.
-
If you are in the U.S., you will need to find out what your state labor law dictates. It also depends how old you are and if you are in school. These labor laws with a formula for how break time is calculated should be posted somewhere at your workplace. Look in the back or in the stockroom or near the managers office for a bulletin board. In a lot of states though, you earn a 10 or 15 minute break for working "more than" 3 hours and for each block that is "more than 3 hours" after that. In most states, working a 7 hour shift will also mean that you will be able to take a 30 minute, unpaid, meal break. So, for 7 hours, minus your 30 minute meal period (= 6.5 hours on the clock) you would get two breaks. It depends on HOW much longer you stay to determine if you get another break. At 6.5 hours with meal and two breaks, you would need to stay more than an extra 2.5 hours to warrant another break. But at the point, in many states, you would also be earning Overtime, as you have exceeded 8 hours on the clock.
-
In Canada, they have to pay you time and half for overtime.
-
Your supervisor can ask you to work overtime, and if you work overtime you must be compensated at time and a half for all hours over 40 that you work in a week. Breaks are not covered by the federal government laws and regulations. Some states have laws regarding breaks and lunch periods. In order to answer I would need to know which state you are located in. I could than look up the regulations regarding breaks in your state. Shirley
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC