North Carolina  |  Business Law

Legal Question

Asked on: 9/21/11, 7:11 am

Good morning,

I have a question that's actually concerning my wife. She works at a daycare as a lead teacher. The owners of the daycare do not pay her if she is on the clock for more than 8 hours in a day. So if she clocks in at 8 and clocks out at 5:20, she's only getting paid for 8 hours. So at the end of the work week, if she has more than 40 hours not only is she not getting paid for the extra time spent at work but she's also not getting overtime. Is this legal?

The owners also recently had a meeting where he told them that if someone does not come to releave them for a lunch break right at their time, they still have to be back from lunch at their scheduled end of lunch. So let's say her scheduled lunch is from 12-1. If someone doesn't come to releave her until 12:15 - she still has to be back at 1. Once again, she is not being paid this time as her 1 hour lunch is unpaid.

Any light you can shed on this would be great.

Thank you.

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