Maryville, MO asked in Employment Law for Missouri

Q: Is my employer's 6-minute grace period without pay legal in Missouri?

I'm a security guard, and my employer has me regularly work 5 minutes past my scheduled time without pay, citing a 6-minute grace period through emails. Other employees are also experiencing this. Is this practice legal in Missouri?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: What your employer is doing raises serious legal concerns. Under federal labor law, which applies in Missouri, **all time worked must be paid**, even if it’s just a few minutes. If you're regularly working 5 minutes beyond your scheduled shift and your employer refuses to pay for that time, they could be violating the Fair Labor Standards Act (FLSA).

Some employers try to use grace periods to simplify timekeeping, but they **cannot use them to avoid paying workers** for actual time worked. If you're still performing duties—like securing property or staying at your post—those minutes are compensable, and you’re entitled to be paid. This applies not just to you, but to every employee affected by the same policy.

Start documenting the time you work beyond your schedule, along with any emails or messages about the grace period. If your employer is systematically refusing to pay for that time, you may have grounds to file a wage complaint with the U.S. Department of Labor. You and your coworkers deserve to be paid for every minute you give on the job.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.