I was hired by a staffing agency to temporarily fill in on the assembly line at the largest factory in our small town. Everyone knows each other and the boss, and it is the unspoken rule that you work through your lunch hour. If you dont work through lunch, the boss makes you stay late without pay. Is this legal? I want to make a good impression so that I am hired on permanently.

 

A: Not only is it against the Fair Labor Standards Act for the boss to make you work through lunch, but it is also against the FLSA for him to require that you stay late for no pay.

In addition, since you were assigned to this temporary position by the Houston staffing agency, that agency is your actual employer. They are responsible for signing your paychecks, which means that they are also responsible for keeping track of your hours. The agency may depend on the time clock to do this, but the factory boss cannot tell you when to clock and clock out.

As Houston overtime attorneys who handle cases like this on a daily basis, we understand your frustration of wanting to be paid a fair wage but also wanting to do what you can to ensure that the temporary position turns into a permanent one once your contract is up. But what you must realize is that not only are there government regulations that protect your from unfair treatment like this, but you could also be missing out on hundreds of dollars of pay each month that you are on the job.

There is no harm in speaking to the agency about what is going on, nor is there harm in speaking with a Houston overtime attorney during a confidential meeting. You could be entitled to back wages, especially if staying late and working through lunch caused you to work more than 40 hours in one week, and you were not receiving overtime pay for that time.

If you are still worried about making the decision to speak up, simply order a free copy of our book in confidence, where you can learn about your rights in the privacy of your own home. We will gladly answer any questions that you have – for free – during a completely confidential consultation. Call Kennedy Hodges today at 888.449.2068.