Can my employer make me sit at work for 40 plus hrs and only pay me if there’s a customer?

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Can my employer make me sit at work for 40 plus hrs and only pay me if there’s a customer?

I’m required sit at work for 9 hrs a day
5 to 6 days a week and only get paid if
a customer shows up. If the customer is
only there for 30 mins…then I’m only
getting paid for that.

Asked on September 18, 2019 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your treatment violates the law. If you report to your place of work at your scheduled time ready and able to perform your duties and remain until your shift is up, then you must be compenstated for all of that time. This is true whether or not you actually are required to perform your job duties. At this point, you should file a wage complaint with your state's department of labor.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, they cannot. The law is very clear that all time where you are where the employer wants you to be, doing what it tells you to do--even if that's just sitting in the store or shop, waiting for a customer--is work time and must be paid. Your employer is violating the labor laws and you are entitled to back pay (the unpaid "sitting" time to date) and to be paid for all time working going forwards. Contact your state's department of labor.
 


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