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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19673
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work for a finance company and my manager wants me to work

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I work for a finance company and my manager wants me to work off the clock when wrapping up for the day and making a bank deposit. He has threatened to not pay me for short breaks and restroom breaks if I complain. Is this legal?

Thank you for the information and your question. Just to be clear about your situation, are you a non-exempt hourly employee?
Customer: replied 3 years ago.

yes, non-exempt hourly

Hello again and thank you for that clarification. Under the Fair Labor Standards Act, an employer must pay their non-exempt employees for all hours that they work. So, your manager is indicating that he is going to, or has violated Federal wage laws. In addition, threatening an employee who asserts their rights under the FLSA is unlawful as well. Finally, although employers in Georgia do not have to offer rest breaks or meal breaks, if they do, they must pay for all break time that is less than 20 minutes. If they don't, then that too is against the law.

So, your best step is to file a complaint with your HR Department. If they do not resolve the issue, then you can either file a wage complaint with the Wage and Hour Division of the U.S. Department of Labor or you can find a local employment law attorney to help you file suit.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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