Around the holiday season, employers commonly ask their workers to pick up shifts and work longer hours to accommodate the increased rush of shoppers. But some holiday workers are noticing that their pay isn’t also stepping up.
If either of the following circumstances applies to you, you should be receiving additional compensation:
- You are working or getting ready to start working but are not “clocked in.” In this circumstance, you would be working “off the clock,” and it is illegal for your boss to ask you to do this.
- Your shift is more than 8 hours, but you are not paid time and a half for those extra hours (and double time if the shift is over 12 hours).
The industries that have the most “off the clock” violations are:
- Retail Stores. Are you tasked with being the store Santa? Do you work at a mall that is always busy around this time of the year? You may be entitled to extra pay.
- Restaurants and Hotels. The holiday season is a perfect time to travel to see family and loved ones. Restaurants and hotels are operating at full capacity, and you may be asked to work past your regular shift.
- Repair Services. If that customer repair call pushes your work time past 8 hours, then you are entitled to time and a half. If your boss refuses to pay you extra, that is illegal.
A couple of pertinent off-the-clock lawsuits have emerged this year around holiday time. First, the Seattle based steakhouse El Gaucho settled with their employees for $1.5 million after a suit was brought against them claiming that managers had withheld tips and required them to work off the clock.
Second, a San Francisco employee of Amazon sued the e-commerce giant for denying him the proper amount of breaks and overtime pay. This comes after Amazon employees in the United Kingdom were collapsing on the job while working in upwards of 55 hours a week.
Companies are doing more and more to make sure customers are satisfied, but this often comes at a cost for workers, who are made to work off the clock and are shorted on overtime pay. If you are being affected by your company’s unfair business practices, we can help.
Complete the contact form below, and we will respond to help you with your claim.