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Did my employer violate my rights?

Carlisle, PA |

I work as an hourly manager for a locally owned and operated McDonald's. I have been told by my store manager and supervisor that in order to avoid overtime I must clock out, despite still having to work. In addition to this, I am on a paid vacation week and have been mandated to be at the store for two separate one-hour long meetings, despite already being out of town. I don't know if any of these acts would constitute a violation of my rights, and if they do what would my options be for rectifying the situation?

Attorney Answers 3

  1. Best answer

    Being told to clock out and continue to work is a violation of the federal and state wage and hour laws. You should consult with a local employment attorney.

    Mandating that you return for meetings while on vacation does not violate any laws in and of itself. You must be paid for the time actually at the meetings , however, even if you have already requested and been paid vac ation time.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.

  2. Its difficult to say, there may be some improprieties with pay. You may need to consult in person with an employment attorney. If the amoint of unpaid time in question is minimal, its often best to try to work things out inyernally rather than inviting a chance for retaliation

    All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit a personal consultation to exploe all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

  3. It's simple. This is a violation of state and federal overtime laws. You are entitled to the overtime. Keep detailed records. The question is whether you are protected from dismissal if you request it or file in court for it.

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