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Posted: 12/15/2017 2:44:19 AM EDT
I can't imagine that this is legal but: A buddy of mine works at a grocery store. When he works the closing shift, he clocks out around 2100, when the store closes. Apparently it's store policy that everybody has to leave together, so the girls in he group don't have to walk to their cars by themselves (store is in a shit neighborhood). He says the rest of the crew takes another 15 minutes to clock out.

Supposing that he gets in trouble for leaving once he clocks out, isn't it illegal to make employees stay at work when they aren't getting paid?
Link Posted: 12/15/2017 2:48:53 AM EDT
[#1]
State labor dept would probability go after them for back pay.
Link Posted: 12/15/2017 2:49:23 AM EDT
[#2]
So the store is tasking the male employees with protecting the female employees off the clock? lol
Link Posted: 12/15/2017 2:49:56 AM EDT
[#3]
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So the store is tasking the male employees with protecting the female employees off the clock? lol
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Basically.
Link Posted: 12/15/2017 2:50:54 AM EDT
[#4]
He isn't working, he's waiting on coworkers to leave together.

The store could pay them for that - everyone has benefit.

Managers only see net profit, even if they lose site of employee loyalty
Link Posted: 12/15/2017 2:51:48 AM EDT
[#5]
Yea the state department of labor will crawl up their ass
Link Posted: 12/15/2017 2:53:49 AM EDT
[#6]
Easy to fix. Don't clock out till everyone else does. If you have to stay, you are still on the clock.
Link Posted: 12/15/2017 2:54:46 AM EDT
[#7]
Keep records.  15 minutes every day adds up pretty quick.
Link Posted: 12/15/2017 2:55:27 AM EDT
[#8]
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Quoted:
Easy to fix. Don't clock out till everyone else does. If you have to stay, you are still on the clock.
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That's what I would do.
Link Posted: 12/15/2017 2:55:47 AM EDT
[#9]
I seem to recall Home Depot or Wal Mart getting loved tenderly for much the same.

They'd lock the doors after closing, you'd clock out, but they wouldn't let you leave until everyone did as a group.

If you didn't clock out they got pissed, and I think someone eventually got fired.

Eitherway, violation of labor laws.

Want me to stay? Pay Me.
Link Posted: 12/15/2017 2:56:37 AM EDT
[#10]
Forced?

Lol
Link Posted: 12/15/2017 2:58:30 AM EDT
[#11]
Shit neighborhood. Unpaid work.

Can't be that hard to find a replacement job stocking shelves somewhere else, can it?

Although, if any of the girls he's "protecting" are cute he can probably use that to his advantage.
Link Posted: 12/15/2017 3:03:21 AM EDT
[#12]
Are the people clocking out late getting paid?
Link Posted: 12/15/2017 3:07:41 AM EDT
[#13]
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Quoted:
Easy to fix. Don't clock out till everyone else does. If you have to stay, you are still on the clock.
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This is the only answer. Once on a part time job I was told that my shift ended so I had to clock out to avoid overtime, even though I still had required work to be done.  I laughed and said; "that's not how this works, that's not how any of this works."

I got the OT. Only stupid employees fall for this crap.  I'd imagine most would clock out to appease. Not me.
Link Posted: 12/15/2017 3:09:16 AM EDT
[#14]
Wouldn't be an issue if they could carry at work.
Link Posted: 12/15/2017 3:15:55 AM EDT
[#15]
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That's what I would do.
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Quoted:
Easy to fix. Don't clock out till everyone else does. If you have to stay, you are still on the clock.
That's what I would do.
Yeah, this is easy. And it's a way for the OP's buddy to meet chicks
Link Posted: 12/15/2017 3:17:53 AM EDT
[#16]
Link Posted: 12/15/2017 3:18:35 AM EDT
[#17]
I knew a restaurant owner who asked everyone to leave together at the end of the night for safety. He let everyone drink draft beer on the house until everything was locked up and the last person clocked out. Nobody complained.
Link Posted: 12/15/2017 3:18:50 AM EDT
[#18]
it's illegal in TX.  furthermore, it's a serious liability for the employer.  if the employee gets an injury in the workplace but off the clock, there's a good chance that it won't be covered by the employer's workplace insurance...meaning that the employer will be on the hook for any financial damages.  this is why most well-run places will not allow employees to work--or even be in working areas--while not clocked in.

but yeah, in TX, if an emp is required to be anywhere work-related, he/she is required to be paid.
Link Posted: 12/15/2017 3:22:23 AM EDT
[#19]
By requiring the employees to remain on premises without pay it's an FLSA violation.

A lawsuit should be a slam-dunk.  I believe the look back period on these is three years.
Link Posted: 12/15/2017 3:23:16 AM EDT
[#20]
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Quoted:
I knew a restaurant owner who asked everyone to leave together at the end of the night for safety. He let everyone drink draft beer on the house until everything was locked up and the last person clocked out. Nobody complained.
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This
Link Posted: 12/15/2017 3:27:20 AM EDT
[#21]
No pay no stay
Link Posted: 12/15/2017 3:38:53 AM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
it's illegal in TX.  furthermore, it's a serious liability for the employer.  if the employee gets an injury in the workplace but off the clock, there's a good chance that it won't be covered by the employer's workplace insurance...meaning that the employer will be on the hook for any financial damages.  this is why most well-run places will not allow employees to work--or even be in working areas--while not clocked in.

but yeah, in TX, if an emp is required to be anywhere work-related, he/she is required to be paid.
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Even better; the guys forced to stay as protection get hurt because someone jumped the chicks.
Now what?
Link Posted: 12/15/2017 3:41:41 AM EDT
[#23]
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Are the people clocking out late getting paid?
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I would assume, that's usually what "clocking in/out" means....
Link Posted: 12/15/2017 3:44:03 AM EDT
[#24]
There have been class action lawsuits on this for people having to show up 15 minutes before their shift starts but not being able to clock in.
https://stromlaw.com/more-join-outback-steakhouse-wage-payment-class-action/
Link Posted: 12/15/2017 3:44:33 AM EDT
[#25]
Grocery store stocker in a bad neighborhood?  I think his energy would best be spent on finding a better job rather than suing the shitty one.
Link Posted: 12/15/2017 4:04:29 AM EDT
[#26]
but does he have a high deductible insurance plan?

J-
Link Posted: 12/15/2017 4:05:53 AM EDT
[#27]
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
Link Posted: 12/15/2017 4:06:26 AM EDT
[#28]
Forced? Was there a gun to his head?
Link Posted: 12/15/2017 4:27:03 AM EDT
[#29]
So what martial arts training does he have that qualifies him to protect someone else?   I bet that isn't in his job description.
Link Posted: 12/15/2017 4:30:51 AM EDT
[#30]
I don't see where walking the female employees to their cars would require the whole shift. The manager could probably do that himself if he is that concerned for his female employees welfare.
Link Posted: 12/15/2017 4:36:42 AM EDT
[#31]
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Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
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LOL Troll.
Link Posted: 12/15/2017 5:10:20 AM EDT
[#32]
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Quoted:
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
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Lolz.

MIT thinks the company needs him.
Link Posted: 12/15/2017 5:10:46 AM EDT
[#33]
Welcome back DanTSX.

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Quoted:
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
View Quote
Link Posted: 12/15/2017 5:17:09 AM EDT
[#34]
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Quoted:
Easy to fix. Don't clock out till everyone else does. If you have to stay, you are still on the clock.
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Yep. If you can't leave, you don't clock out. If you clock out, you can leave. This seems obvious. As soon as you aren't paying me for my time, absent a contractual agreement in place a priori, you are not able to control my actions.
As to the original question, sure, it's legal, sort of. But they can't fire you for not complying.
Link Posted: 12/15/2017 5:20:21 AM EDT
[#35]
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Quoted:
That's what I would do.
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Quoted:
Quoted:
Easy to fix. Don't clock out till everyone else does. If you have to stay, you are still on the clock.
That's what I would do.
No shit.

How is this even a question?
Link Posted: 12/15/2017 5:23:19 AM EDT
[#36]
Fuck that, if my presence is required so is paying me. It's that simple.
Link Posted: 12/15/2017 5:45:23 AM EDT
[#37]
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Quoted:
LOL Troll.
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Quoted:
Quoted:
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
LOL Troll.
With that screen name?

C'mon, what are the odds???
Link Posted: 12/15/2017 5:51:33 AM EDT
[#38]
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Quoted:
Fuck that, if my presence is required so is paying me. It's that simple.
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Exactly
Link Posted: 12/15/2017 5:55:44 AM EDT
[#39]
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Quoted:
I knew a restaurant owner who asked everyone to leave together at the end of the night for safety. He let everyone drink draft beer on the house until everything was locked up and the last person clocked out. Nobody complained.
View Quote
Wait, wut?  Offering free beer to my coworkers until everybody's ready to leave?

Hell, I'd never get home.

Link Posted: 12/15/2017 5:55:52 AM EDT
[#40]
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Quoted:
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
View Quote
lol @ serf mentality.

i'm not entitled to my employer's money, and he's not entitled to my time.  i'm a capitalist who sells resources (my time and effort) in exchange for money, in order to maximize my own profit.  as with any good businessman, i'll give some freebies from time to time, but only as an investment that is very likely to pay off in the long run.  this is what successful firms do, which is why they're the employers and not the employees.  unsuccessful firms (and employees with serf mentality) don't bother with the due diligence for investments--they give away freebies on a hope and a prayer.

have fun with that.
Link Posted: 12/15/2017 6:05:59 AM EDT
[#41]
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Quoted:
lol @ serf mentality.

i'm not entitled to my employer's money, and he's not entitled to my time.  i'm a capitalist who sells resources (my time and effort) in exchange for money, in order to maximize my own profit.  as with any good businessman, i'll give some freebies from time to time, but only as an investment that is very likely to pay off in the long run.  this is what successful firms do, which is why they're the employers and not the employees.  unsuccessful firms (and employees with serf mentality) don't bother with the due diligence for investments--they give away freebies on a hope and a prayer.

have fun with that.
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Quoted:
Quoted:
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
lol @ serf mentality.

i'm not entitled to my employer's money, and he's not entitled to my time.  i'm a capitalist who sells resources (my time and effort) in exchange for money, in order to maximize my own profit.  as with any good businessman, i'll give some freebies from time to time, but only as an investment that is very likely to pay off in the long run.  this is what successful firms do, which is why they're the employers and not the employees.  unsuccessful firms (and employees with serf mentality) don't bother with the due diligence for investments--they give away freebies on a hope and a prayer.

have fun with that.
TanDSX was recycled.
Link Posted: 12/15/2017 6:18:55 AM EDT
[#42]
Don't clock out until everyone is ready to leave.
Link Posted: 12/15/2017 6:20:44 AM EDT
[#43]
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Quoted:
Easy to fix. Don't clock out till everyone else does. If you have to stay, you are still on the clock.
View Quote
This.

Until I'm on MY time, you're paying me.
Link Posted: 12/15/2017 6:48:01 AM EDT
[#44]
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LOL Troll.
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Quoted:
Quoted:
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
LOL Troll.
DanTsx
Link Posted: 12/15/2017 6:55:15 AM EDT
[#45]
Depends. Did he clock out during the day for a 15 minute break which is mandatory after so many hours? Could be played out that way. But I’d stay clocked in if I was forced to stay. If they had an issue, tell your boss to take it up with the labor dept
Link Posted: 12/15/2017 7:00:46 AM EDT
[#46]
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Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
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Why would you make such an obvious troll account, dude?

https://www.ar15.com/forums/general/RIP_DANTSX/5-1510448/
Link Posted: 12/15/2017 7:03:50 AM EDT
[#47]
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Quoted:
Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
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Only a Communist would expect labor to work for free, or Democrat owning slaves.
Link Posted: 12/15/2017 7:12:47 AM EDT
[#48]

13th Amendment


Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
View Quote
Link Posted: 12/15/2017 7:13:37 AM EDT
[#49]
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Sounds like a bunch of union members in here. Anything to fuck the company, god forbid a small portion of your highly skilled labor goes unpaid.
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That name's a little brazen, isn't it Dan?
Link Posted: 12/15/2017 7:20:29 AM EDT
[#50]
Sounds a bit like the situation at Amazon. Warehouse workers were required to clock out, then wait in line (~45 minutes) to be searched before leaving the building.

Workers sued. Amazon won.
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