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I work for a public retail company and they have been making

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

I work for a public retail company and they have been making associates stay past their scheduled closing shifts and at the end of the week telling them to come in later and/or leave early so they don"t have to pay us overtime. Is this legal??

 

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State/Country relating to question: Missouri

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Submitted: 295 days and 6 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  JB Umphrey replied 295 days and 6 hours ago.

Welcome and thank you for your question!

In other words, the employer is having the associates adjust their start/end times so that they do not work in excess of 40 hours in a week?

Customer replied 295 days and 6 hours ago.

Yes, we are scheduled 39hrs per week. When we are scheduled to close we work 2-11pm. We are having to stay sometimes 1-2hrs after our scheduled time @11 by management. On Thursday and Friday of that same week management tells the associates to cut their hours so we do not get Overtime

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Expert:  JB Umphrey replied 295 days and 6 hours ago.

Thank you. Yes, management has 100% discretion to make those last-minute scheduled adjustments.

It may seem to be totally unfair. I understand that. However, it's entirely legal. Management has that discretion. There's no law which prohibits management from doing that.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 96.6 %
Accepts: 6265
Answered: 6/28/2012

Experience: Assisting employees and employers for over 14 years.

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