Employment Law

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Where I work there is a older lady that works past her clock…

Where I work there...

Where I work there is a older lady that works past her clock out time to finish her work 3 out of 5 days a week because she is not able to complete it before she clocks out. They tell her she will get written up for not completing it but tell her she has to do it off the clock. She's afraid to address it because she doesn't want to lose her job.They're taking advantage of her. How can I help her. This needs to be reported

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time and yes... at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is a 40 her work week so it's overtime if she says clocked in

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Answered in 2 minutes by:
9/23/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,573
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

She needs to file a wage and hour complaint with the Department of Labor in your state and combine that with an age discrimination claim with the EEOC. Now, I am not certain how far the EEOC claim will go, but it is free and it is useful having that agency brow beating the employer and reminding the employer that retaliation is bad.

As for the Department of Labor, she can contact the Minnesota version of it first, but more than likely she will be referred to the Federal DOL office there. Start with the locals first though.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,573
Experience: Employment/Labor Law Litigation
Verified
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Satisfied Customers: 20,573
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Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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