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Question Regarding Time worked

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NickNite

Junior Member
What is the name of your state?
Louisiana

Currently I work for a large corporation. While the job is perfectly fine, the management has seemed to gone out of control. We have a posted, written schedule, in a plain-to-see area, that is made 2 weeks in advance. The times are written on the schedule, and consist of both a beginning and ending work day time (i.e.: 10AM-6PM). My question stems from the fact that my employer tends to require myself and fellow employees to stay extra time past our scheduled time to leave. I can understand, as in the food service industry, staying and extra hour or two to clean. However, management will require us to stay long after our time, most of the time an average of four or more hours after. For example, I have gone in at 10 PM to work the overnight shift, be scheduled to leave at 6:30 AM the next day, but not be allowed to leave until 10 AM the next day, making a total of 12 hours worked. I have also worked multiple days, unwillingly, past 12 hours, sometimes staying 15-17 hours. If I leave without permission on my scheduled time, management threatens disciplinary action against me. I normaly don't have a problem with staying a few extra hours as I need the money, but staying 12+ hours is starting to take its toll. Also, they lock the doors until business opens at 8 AM, and when I try to leave at 6:30 AM, I'm asked why. I tell them my scheduled time off is 6:30. They act shocked, tell me I need to work harder, and require me to do more work until either the store opens and I leave willingly, or they are satisfied with the work I've done. What are the laws regarding schedules? Can an employer force the employee to stay unwillingly? If I try to leave at 6:30 AM, yet the doors are locked and management says I can't leave until my job is done, is that considered false imprisonment? And when I say my job is done, I mean when they are either satisfied with what I've done, or they realize I've been worked to the point of breaking and let me go. Most of the time, once I've completed my job, they'll find more work that they require of me, even after telling me I can leave after the first job is done. This always happens after my scheduled time off. What can I do, besides look for another job?
 


JETX

Senior Member
NickNite said:
What are the laws regarding schedules?
Assuming you are not under a collective bargaining agreement and are not a minor, there aren't any.

Can an employer force the employee to stay unwillingly?
No. You can leave whenever you want. However, there is also no law prohibiting an employer from terminating you if you leave.

If I try to leave at 6:30 AM, yet the doors are locked and management says I can't leave until my job is done, is that considered false imprisonment?
Depends. What do they do next.... assuming you INSIST on leaving???

What can I do, besides look for another job?
Nothing. The laws only require that your employer pay you minimum wage or better for every hour worked.

Louisiana has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's (USDOL) Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees.
http://www.ldol.state.la.us/job_laborlawfaq.asp?Portal=WRK

Federal overtime pay law can be found at: http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm
 

NickNite

Junior Member
My contract only stipulates my duties and my pay, nothing more. If I insist on leaving they tell me that I have to complete my job, do as told, etc., before I can leave the building. The reason I asked is because I've had many trainers and fellow co-workers tell me it's either against the law to work such long hours, for them to keep me here past my scheduled time, or that I can leave once my time is up. I appreciate the advice. I'll still be a thorn in their side because it's manual labor, and I know my body's limits, but this will make me think twice next time before attempting to leave.
 

pattytx

Senior Member
Well, short of requirements for specific jobs, such as long-haul truckers and pilots, it is not against the law for an employer to require employees to work long hours. At least, not in your state. Nor is it illegal to require you to work past your scheduled end-of-shift.

If you actually have a valid, enforceable contract (an attorney will be able to determine this) which specifically states the maxmimum number of hours you will work, then you MAY have a claim for breach of contract. But if the agreement, even if it IS a contract, is silent on the issue, probably not.
 

cbg

I'm a Northern Girl
I've had many trainers and fellow co-workers tell me it's either against the law to work such long hours, for them to keep me here past my scheduled time, or that I can leave once my time is up.

To put it bluntly, they don't know what they're talking about. They are wrong. No such law exists. In your state, and in almost all others as well, you can be asked to work 24/7 and it will be legal. Leaving before the manager says you can, can and will get you fired.
 

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