Working World

I work at a retail shoe chain. No one person, including the manager on duty, is permitted to close the store alone. The procedures require me to clock out, then wait to witness the manager while he completes the closing process, including locking up and setting the alarm. I wouldn’t mind waiting for a few minutes, but in reality I end up spending from 15 minutes to a half hour off the clock. Shouldn’t I be paid for this time?

Yes, you should be paid for the time you must stay to witness the closing of the store. You are in effect being asked to work off the clock without pay. The California Wage Order 4-2001 defines hours worked as “the time during which an employee is subject to the control of an employer and includes the time the employee is suffered or permitted to work…” The California Supreme Court has interpreted this language to mean that the employer must pay its employees for all time that the employer knows — or should know — that the employee is working.

An unfortunate side effect of the pressure to increase profits and hold down labor costs is that some employers resort to requiring workers to perform a variety of tasks without pay. Often these tasks take place both before and after the official shifts begin and end.

For example, workers in meat processing plants must often spend considerable time washing and dressing in special uniforms at the job site before and after actually handling the meat. Courts have held that the workers must be compensated for this dressing and washing time, in addition to the time spent processing the meat. Opening and closing tasks in the retail or office setting are no different, and must be compensated.

You may wish to bring your request to be paid to the attention of your company’s Human Resources Department. The company is clearly aware of the time spent on the final closing steps, since the procedures and the witness are required by the company itself.

Note that it is illegal for your employer to retaliate against you in any manner for asserting your rights to be paid for all time worked.

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.