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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19312
Experience:  Employment/Labor Law Litigation
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Where I work there is a older lady that works past her clock

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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
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time and yes... at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is a 40 her work week so it's overtime if she says clocked in

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.

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