what are the laws on encouragement to work off the clock for free
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what are the laws on encouragement to work off the clock for free
My stepson is a freight manager for a dollar store. He has psoriatic arthritis. The store manager calls him Cletous because has a limp do to his affliction. The district manager who called him and hired him tells him not enough is getting done and is also told that he cannot have any help stocking but he is not allowed more work hours, yet he has to get all the stock out. My stepson wants to do a good job, so he is constantly working off the clock in order to please these people, sometimes 3 and 4 hours a day, many days a week. I try to tell him that what is going on is not legal. He has given his 2 week notice because he just can’t handle the stress anymore, yet he continues to work extra time for free because he wants his bosses to miss him when he is gone. He still wants their approval.
Asked on July 8, 2018 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Assuming that your stepson is an hourly employee (paid based on the number of hours worked) rather than paid an annual salary (pay does not vary with hours worked), then what you describe is not legal. The law (e.g. the federal Fair Labor Standards Act or FLSA) is very clear that an hourly employee must be paid for all time worked; there is no such thing as legal "off-the-clock" work for hourly employees. Your stepson may have a legal case for unpaid wages (and overtime, if he has not been paid at an overtime rate for all hours worked past 40 in a week).
In addition, it is illegal for an employer to discriminate against or harass an employee due to a disability, like a limp due to psoriatic arthritis. Furthermore, a business must make a "reasonable accommodation" for an employee's disability, and it's possible that in this situation, the failure to give him more time to stock, or help, or the comment "Cletous," may constitute illegal discrimination or harassment, or a failure to provide a reasonable accommodation.
Your stepson should consult with an employment law attorney regarding the potential claims that he has.
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