NSW Unpaid Overtime Hours - Legal Under Employment Law?

[a_contrarian]

I have a management position at a fast food store. I am paid by the hour, and frequently work substantial amounts of overtime. The hours of all employees are tracked on a digital time clock. I have no problem with working overtime, as I knew this would be the case when I was promoted into this position.

However, my employer has recently begun insisting that I 'clock off' when my shift is supposed to end, and continue working as they do not wish to pay the extra wages.

Am I correct in saying this is illegal under Employment Law? And what recourse would I have as an employee to stop this?

 

[Lance]

Hi,

That wouldn't sit well with me at all. The general view is that for salaried employees some irregular hours over their contract hours can be expected, but for a wages employee they are paid for the hours worked. That's why managers are usually salaried. I'm guessing the clocking system is setup to pay against the hours worked.

If you don't mind working hours you are not paid for a compromise might be to keep a manual time log for your own piece of mind. Get your manager to sign it under the pretext that you need a record of additional hours for performance evaluations. Fair work has an app that will capture your hours: Welcome to the Fair Work Ombudsman website .

I'm only suggesting that to maintain a good relationship with your boss. Fair work legislation states that reasonable overtime is acceptable as long as you are happy with it and it is paid. You definitely should be paid for the hours you work. Welcome to the Fair Work Ombudsman website .

So option two could be to speak to your boss and contact the fair work ombudsman if you get no where with your boss.