What can I do if your employer makes you work past your schedule time and doesn’t give you a break?

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What can I do if your employer makes you work past your schedule time and doesn’t give you a break?

I work in the fast food industry in
Illinois. I was scheduled to work from
4pm to 11pm. My manager decided to make
me stay past my schedule time to make me
close dishes, which I was never supposed
to in the first place. I didn’t get out
of there until about 230am, plus they
didn’t give me a break. Also they broke
company policy where no one can leave
until everyone is done at close. What
should I do?

Asked on April 10, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) Your employer not you, sets your schedule and can change it at will: the employer can make you work past your normal schedule since, after it, it determines your schedule. The employer can make you work when and as long as it likes.
2) If you work more than 40 hours in a week and are non-exempt (and if you are paid on an hourly, not salary, basis, you are definitely non-exempt), you must be paid overtime for all time past 40 hours.
3) You must get a single 20 minute unpaid break for food if you work more than 7 1/2 hours, which you did.
4) The company sets company policy, and so can change it at will.
In short, the only thing they actually did wrong was to not give you a short unpaid meal/food break. If that happens repeatedly or regularly, contact the department of labor.


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