Skip to main content

Managers lock employees in place of business

Anderson, CA |

My grand daughter works in a second hand store and at the end of the night the managers lock the doors and refuse to let employees leave until the managers have finished paper work for that day. The employees are off the clock and not getting paid for 30-60 minutes and they are required to remain in the break room until the managers unlock the door to let them leave.

Attorney Answers 3

Posted

Not only is making employees work off the clock an illegal wage and hour practice, if the employees are physically prevented from leaving the premises, the employer may be criminally and civilly liable for unlawfully detaining people against their will. Encourage your granddaughter to seek the help of an employment law attorney as soon as possible.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Mark as helpful

3 lawyers agree

4 comments

Michael Robert Kirschbaum

Michael Robert Kirschbaum

Posted

It is commonly referred to as false imprisonment.

Michael John Tonsing

Michael John Tonsing

Posted

Good catch. Worth pointing out that false imprisonment is not an employment law theory, though. Also worth noting that the CA wage and hour law protects claimants from retaliation.

Michael Robert Kirschbaum

Michael Robert Kirschbaum

Posted

Remember the old Fedco case? That was where an employee was not permitted to leave, albeit, during an investigation for theft.

Michael John Tonsing

Michael John Tonsing

Posted

Yup! That crossed my mind. Good catch again, Mr. K.

Posted

This is a violation of state wage laws. Employees must be paid for all hours in which they are under there employer's control. Locking employees in a facility and not letting then out certainly qualifies as compensable time.

Mark as helpful

8 lawyers agree

Posted

The locking of the doors may be acceptable as safety precaution while money is being counted, but they are entitled to be paid for that time.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Mark as helpful

8 lawyers agree

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics