I work for a small company (in Oakland County, Michigan) and always work by myself at the counter (cashier). The owner of our company is making it mandatory that we all clock out for lunch - BUT, we are not allowed to leave, and if we get a customer we HAVE to go and assist them. That can't be legal, can he MAKE me clock out, MAKE me stay here, and MAKE me assist customers? Or when I clock out am I guaranteed my forced 30 minutes of freedom, and free to do as I please?
In the past he just deducted our pay 30mins if we don't clock out (some days we're DEAD, so clocking out wasn't necessary - I can go 2 hours between customers) I didn't mind getting my pay deducted, since that 30 mins could come from my down time, but having to help customer when I'm not on the clock pisses me off.
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Verified answer
First off no, he can't say you cant leave if you are off the clock. Also he is running a risk, because his insurance wont cover him while you are off the clock. So if you got injured durring that 30 minutes, its coming out of his pocket.
Secondly MI law is set in stone and is...
For every 4 hours worked, a mandatory 15minute on the clock break
For every 8 hours worked, a mandatory 30 minutes off the clock break
For every 9+ hours worked, a mandatory 1 hour off the clock break
So if you are working 6 hour shifts, then you get a 15minute paid break. But if you are working a full "8 hour day" 8-5type, then you get two 15minute paid breaks, and a 1 hour unpaid break. So a total of 1hour 30minutes break a day.
For an "on the clock" break, yes he may ask you to stay on site, and that is legal, but at any time if you "punch out" or he later "punches you out" then he can not ask you to stay.