Legal Question in Employment Law in California
Working past quitting time
My daughter, who is 15, told me that her boss at a local shoe store, requires her to vacuum and tidy up even past her scheduled work hours. Although she only takes 5 to 10 minutes after the store closes, she is not paid extra for that 5 to 10 minutes. They don't use a time clock. They just write their start and end hours on cards. I told her that she is not obliged to work 1 minute past her scheduled quitting time. Am I right and is there any federal or state law that covers this?
1 Answer from Attorneys
Re: Working past quitting time
An employer may request that an employee work past the normal quitting time. If the employer makes such a request, the employee is required to follow the employer's direction.
The employee's failure to follow the employer's direction might result in the employee's discharge.
If the employee works more than 40 hours in a workweek, in retail sales, the employer must pay overtime compensation for the time worked over 40 hours in the workweek.
As an additional note, an employee under the age of 18 is subject to child labor regulations. Consult your local office of the California State Labor Commissioner.
Stuart Kaye
Law Offices of Stuart M. Kaye
8355 La Mesa Boulevard
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