When i punch out for the night i am told that i am not allowed to leave until everyone is done.

Asked almost 2 years ago - Ellenville, NY

I work in New York and my employer tells me tha we cannot leave the building until every single worker is ready to go home. Yet i am being told that i have to punch off the clock when i am done with my specific duties. Do I have to stay even though i am not getting paid to stay?

Attorney answers (3)

  1. Ryan M. Finn


    Contributor Level 13


    Lawyers agree

    Answered . Your employer should be paying you for all time you are at the Premises. This is a violation of Federal and State Wage Hour laws. Please feel free to contact me if you would like to discuss. This could very well be something that many employees have in common and this could be an expensive mistake by your employer.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker... more
  2. Arthur H. Forman


    Contributor Level 17


    Lawyers agree

    Answered . In general, unless you are free to leave, you must be paid. For more info contact the US Dept of Labor, Wage and Hours Division.

  3. Vincent Peter White

    Contributor Level 18

    Answered . You may have a viable claim for that time, speak to either the NYS department of labor or an experienced employment attorney.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more

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