Can hourly employees be made to stay at work while not clocked in?

Asked over 1 year ago - Kissimmee, FL

The water heater at our restaurant when out on Thursday. Almost 10 servers had to stay for 3+ hours while not clocked in and told that we could not leave or it would be a no call no show and we would be terminated. Then told we had to clean up the place before we left. Can we be made to stay and not be on the clock?

Attorney answers (2)

  1. Jason D. Holbrook

    Pro

    Contributor Level 12

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    Lawyer agrees

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    Answered . No. If your presence is required, you must be paid.

    Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be... more
  2. Michael N Hanna

    Contributor Level 8

    1

    Lawyer agrees

    Answered . No this is what's called an off-the-clock violation, under the FLSA and FL law. You may be entitled to your unpaid wages, liquidated damages, atty fees and costs. If you would like to discuss with a wage and hour attorney, contact me at mhanna@forthepeople.com

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