Question:
Is it legal to make a bank stay open an hour late if the tellers do not open a new account that day?
I wanna talk to Samson
2009-03-07 17:10:45 UTC
My boss has decided that if the tellers are unable to open a new checking account on any day, then the bank will stay open an extra hour, and everyone must stay as punishment. How can this be legal? I gotta pick up my kids! Any advice?
Five answers:
Searcher
2009-03-07 17:23:02 UTC
There's nothing illegal about it. Poor management, yes.



But why he's punishing the entire department is beyond me. Is it a case that they cannot keep up the workload, or is it a case that the management is trying to get more business hopefully by opening up for additional hours?



I'm in HR, and as far as I can tell, there is no federal guidelines governing the hours you have to work. However, unless you are salaried exempt, they do have to pay you 1.5 times your hourly rate for any hours over 40 per week. Your only course of action is to look at your employee handbook and/or your employment contract (if you have one). Is there anything in there that shows your manager is violating company policy.



Otherwise, you have to realize that in this tough economy, employers are gonna push the envelope, because they know that there are people who will be happy to get hired in your place. So, if they can get someone to quit because they don't like the working conditions, they don't have to pay them unemployment.



EDIT: Dan B's information is absolutely correct. Make sure you are documenting the hours worked. Your manager cannot require you to work hours that you are not being paid for. If you are being required to work hours that you are n ot being paid for (and are not salaried exempt), then you have a situation that can be taken to the state's Wage and Hour division. Just make sure that you have accurate documentation, including dates and times.



However, if you are salaried exempt, it means that you are exempt from the provisions of the National Labor Relations Act and that means that you really have no legal recourse, because you are exempt from labor laws governing hours worked and overtime statutes.
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2016-11-29 00:42:57 UTC
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Dan B
2009-03-07 17:24:05 UTC
He will have to pay you for your hours worked. Make sure you document those hours. Check the Fair Labor Standard Act laws in your state labor department. Making you stay over because work needs to be done is a lot different that stay over for punishment.



I think that policy is dumb. It's as dumb as taking a gun to the bank and pointing it toward a customer and saying, "You'd better open a checking account or else!" If I don't need something from a business, I resent them trying to force me to buy something I don't need or want. If my bank, or Home Depot, Sears, etc tries to get me to sign up for a credit card, I always tell them that if I can't afford to pay cash, I sure as hell can't afford to charge it. Thank you.
Shay-la♥
2009-03-07 17:20:01 UTC
I would check your contract. I do not think that that is legal.
2009-03-07 17:17:50 UTC
whats a teller?


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