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

Ellenville, NY |
Filed under: Employment

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. 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 Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


  2. 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 statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  3. 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.

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