Quote:
Originally Posted by Lauren888
My boyfriend works in a restaurant that closes at 11:00pm. He works till close and is responsible for breaking down and cleaning up the kitchen. Normally, he has about 2-3 people helping him. Everyone who works close is on the clock till 12:30. After 12:30, if the kitchen is not finished, they have to still keep on working, but without pay. Lately, he has been the only person on close and of course he cannot finish it all in 90 minutes (this is a large, corporate restaurant). He now working up to 2 hours nightly, off the clock, getting everything done by himself.
Is it legal to make employees work off the clock without pay? I understand their position that the work can be done in 90 minutes, but if that is factoring in 3 workers, how can they justify it when they deliberately schedule just 1 person?
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Legally, if he is not being paid, then he does not have to work. That is my understanding of the law. He should speak to the employer.. I am not 100% sure but that cannot be right. Added in to the fact that this is very immoral of the kitchen to do that.
I also work at a restaurant/bar and we have to close late sometimes from 12:30am-1:30am but we sign out when we finish so always get paid for all the work.
I would never work overtime that was not paid. That is just not fair and I am 99% sure not legal
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