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i work at a place that cleans houses. my boss allows us say 2 hours to clean a house if we go over that 2 hours we don't get paid for it. we can only claim the 2 hours. is this legal?
Answers:
1You are entitled to pay for all time worked that benefits the employer. Workers are often confused about what activities are considered "work" for which they must be paid, as opposed to activities for which the employer has no legal obligation to pay the employee.
The basic principle guiding "work time" is that an employee must be paid for any time spent on activities that are controlled by and that benefit the employer. This not only includes your regular "on-the-clock" work time, but also includes any "off-the-clock" time you spend performing job-related activities which benefit your employer. If your employer knows that you are doing work (or could have found out by looking), and lets you do it, your employer will be responsible for paying for your work time. Employers cannot "allow" you to work on your "own time."
With only a few exceptions, all time an employee is required to be at the premises of the employer is work time. All regular shift time is work time. This includes most "breaks" (if there are breaks), and "nonproductive" time (for example, time spent by a call center employee waiting for the phone to ring).
In addition, all time you spend performing work-related activities that the employer permits is work time, whether on your employer's premises or not, and whether "required" or not. Work done "at home" or at a place other than the normal work site is work, and the time must be counted as work time for which you are paid. "Voluntary" work is work, and the time must be counted. "Unauthorized" or "unapproved" work is work and must be counted (provided that the employer knows or should know it is being done and permits you to do it anyway). The employer is charged with controlling the work of its employees. If an employer does not wish you to perform work, it must keep you from working if it does not wish to pay for that work. An employer may not accept the benefit(s) of work performed by its nonexempt employees without counting the time in computing the employee's pay.
However, while all actual work time must be counted, only "actual work time" must be counted. This means that hours where you are not working do not count as work time, even if you are paid for them. For example, leave time (paid time off such as vacation, holiday, and sick time) and meal time are not considered as work time. In addition to leave time and meal periods, other potential "time not worked" may include some travel time to and from job sites, sleep time, and the time you spend washing up or changing clothes before or after work. However, courts are currently split over whether the time you spend changing into safety gear or waiting for safety equipment in order to start your work day must be covered.
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