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Forced to work off the clock

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robjaime

Junior Member
What is the name of your state (only U.S. law)? Kansas

I have been working for a company here part-time for almost 3 years now. It's always bothered me that we are expected to take deposits to the bank at the end of every shift we work, regardless of time of the day, etc. The round trip from work to the bank and back is at least 15 minutes. My question is whether or not they can legally expect this from us without paying us for the bank run? 15 minutes per shift adds up to a lot over time. So, we have to clock out when our shift ends, then take the deposit to the bank before we are truly done working. Is this legal? What, if any, actions could I take?
 


OHRoadwarrior

Senior Member
In many businesses that is normal practice. You are deemed to be doing it on the way home as a courtesy. You could probably lodge a complaint with the labor dept and get paid. Do not be surprised if you get fired the next day though.
 

Beth3

Senior Member
Yes, you should be paid for that time - unless the bank is truly on your way home. You are free to file a complaint with your State's Department of Labor/wage and hour division for your unpaid time.
 

xylene

Senior Member
unless the bank is truly on your way home.
Would the direction of the bank relative to the employees home matter if say they lost the deposits? :cool:;)

Of course making the bank deposit is part of their work duties, irrespective of if it is 'on the way'.
 

eerelations

Senior Member
In many businesses that is normal practice. You are deemed to be doing it on the way home as a courtesy. You could probably lodge a complaint with the labor dept and get paid. Do not be surprised if you get fired the next day though.
From the OP's post it seems that he is required to return to the bank (to drop off a receipt? I don't know why) after making a deposit. So it's not physically/geographically possible for this round trip to be "on the way home."

It's also very unlikely that the OP will be fired immediately the day after making a wage claim with the DOL, for the following reasons:
  1. that would be illegal; and
  2. it would be extremely hard for the OP's employer to prove that the reason for firing the OP immediately after the OP made a wage claim was in fact totally unrelated to said wage claim.
Finally, while this may be a normal tractice for some businesses, it is not a legal practice for any business.
 

Beth3

Senior Member
Would the direction of the bank relative to the employees home matter if say they lost the deposits? :cool:;)

Of course making the bank deposit is part of their work duties, irrespective of if it is 'on the way'.
What I'm suggesting is that if the bank is truly on the way home and it's a stop for a minute or two, it's not worth the OP getting on the bad side of her employer by making a wage and hour complaint as dropping off the deposit doesn't inconvenience her. Up to the OP of course.
 

cbg

I'm a Northern Girl
Do we know for certain that the poster is non-exempt? The fact that he is part time does not negate the possibility of an exempt employee; nor does "clocking out". Exempt employees never have any legal expectation of additional compensation.

I agree that non-exempt is more likely but the caveat does exist.
 

xylene

Senior Member
What I'm suggesting is that if the bank is truly on the way home and it's a stop for a minute or two, it's not worth the OP getting on the bad side of her employer by making a wage and hour complaint as dropping off the deposit doesn't inconvenience her. Up to the OP of course.
That is a perfectly fair and logical consideration.

I just wanted the poster to be aware that this task's status as a job duty did not hinge on geography or convenience.
 

robjaime

Junior Member
I would be considered a non-exempt employee. As far as this being a courtesy drop "on my way home", it's not. I live 2 blocks north of my employer. The bank drop is 10-15 minutes South of my employer. Once I drop off the deposit, I then drive back past the employer to my home (no dropping off deposit slips to my employer because they pick them up the next day before opening the store). Just frustrating really...
 

Beth3

Senior Member
Understood.

You are free to make a complaint to the State about your unpaid time. The ball is in your court.
 

justalayman

Senior Member
I would be considered a non-exempt employee. As far as this being a courtesy drop "on my way home", it's not. I live 2 blocks north of my employer. The bank drop is 10-15 minutes South of my employer. Once I drop off the deposit, I then drive back past the employer to my home (no dropping off deposit slips to my employer because they pick them up the next day before opening the store). Just frustrating really...
it's quite simple: you should not be clocking out until you have returned the receipt to the employer and are then relieved of work duties. This is a work duty just like sweeping the floor or dealing with customers. Especially since you must return to the place of business before leaving for the day, there is no excuse for demanding you clock out while performing the duty.

Your employer may be trying to do more than get out of paying that 15 minutes as well. If you were to get in an accident during this, if you are on the clock, their involvement is greatly altered. It should not be deniable ultimately but initially, it puts you in a bad situation that your employer should be involved with.

as far as you are concerned, you may have an issue with your vehicle insurance should you get into an accident while using your vehicle for work. Many insurance policies will not cover a situation where you are using your vehicle for work without a rider specifying such coverage (it seems to be enforced more as a result of the Domino's suit where the driver killed the pedestrian in 30 minutes or less)
 

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