If I had too work off the clock, how do I go about fileing a lawsuit?

UPDATED: Sep 30, 2022

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If I had too work off the clock, how do I go about fileing a lawsuit?

I was on lunch about 15 minutes truck came in led told me that I had to unload the truck was scared about losing my job so I said yes it took about 50 minutes to unload the truck and I was off the clock. Just seeing what I could do about it since it just doesn’t seem fair.

Asked on November 6, 2016 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are correct that that if you worked, legally, you should have been paid for it, so you could, for example, file a lawsuit in small claims court for the pay; you can get instructions, forms, etc. from the clerk of your county small claims court. 
But is it worthwhile? You could only get the actual amount of pay you should have gotten. Say you earn $18 per hour. If you worked for 50 minutes, or 5/6 of an hour, without being paid, you could sue for 5/6 of one hour's pay, or $15. It would cost you more than that to file the lawsuit.

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