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Is it Illegal for an Employer to Force You to Work Off the Clock?
Federal labor laws mandate that an employer cannot force you to work off the clock. All time you spend working must be paid in full. This is true even if your employer didn’t authorize the extra time. Any time an employee spends on work, when the employer knew or should have known about it, must be compensated.
What is an Example of Working Off the Clock?
If an hourly paid employee's official work hours are from 9 a.m. to 5 p.m., but he or she comes in at 8 a.m. and leaves at 6 p.m. to finish a project and isn't paid for the additional work hours, this would be considered working off the clock.
Do I Have a Work Off the Clock Claim Even if I'm a Salaried Employee?
In most states, every non-exempt employee is entitled to overtime compensation when they work over 8 hours in a day or 40 hours in a week. And while many salaried employees are exempt employees under the white-collar exemption, many are not.
So if you are working more hours without additional pay, you could have an off-the-clock claim against your employer, even if you work for a salary.
Related Article: How Many Breaks in a 5 Hour Shift?
What is a White-Collar Exemption?
Administrative, executive, professional, and computer-related professional employees, as well as outside sales employees, are all considered exempt "white collar" employees under the Fair Labor Standards Act (FLSA). This means they are not covered by the minimum wage, overtime, and certain recordkeeping requirements of the law.
What is the Fair Labor Standards Act?
The U.S. Fair Labor Standards Act, or FLSA, is legislation intended to protect workers in most states. FLSA states that employees must be paid overtime for over 40 hours a week. Due to the integration of the FLSA in most state labor laws, employee rights are protected in that they must be paid the minimum wage, as well as overtime, and the same compensatory or insurance benefits as other employees doing the same job.
Related Article: How Does the FLSA Define Wages?
Recovering Back Wages for Off-the-Clock Work
Complaints filed with the Department of Labor (DOL) may recover up to 3 years of back wages for unpaid overtime, including liquidated damages equal to what a former employee is owed. DOL awards damages to former employees as a rule of thumb.
However, employers who have proven that they acted in good faith may supersede such a claim. FLSA approval of a work-off-the-clock claim allows employees to recover attorney's fees if the complaint is found to be valid.
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- Labor Code § 2802 Reimbursement Claim Elements
- What is the Longest Shift You Can Legally Work?
- Split Shift in California
FAQs
Can an employee be disciplined for refusing to work off the clock?
No, an employee should not be disciplined for refusing to work off the clock. It is illegal for an employer to require or even suggest that an employee perform work without pay. Employees have the right to be compensated for all work performed, and any attempt to discipline or retaliate against an employee for refusing to work off the clock could result in legal action.
What should an employee do if they are asked to work off the clock?
If an employee is asked to work off the clock, they should politely decline and remind their employer that all work performed must be compensated according to labor laws. It is important to document any requests to work off the clock, including dates, times, and the nature of the work. If the employer continues to pressure the employee, it may be necessary to report the issue to the Department of Labor, a state labor agency, or seek legal advice.
Are there any exceptions to the rule against working off the clock?
There are very few exceptions to the rule against working off the clock. Some exemptions apply to certain salaried employees, such as those in executive, administrative, or professional roles, who may not be entitled to overtime pay under the FLSA. However, even exempt employees must be paid their full salary for any work performed, and non-exempt employees must be compensated for all hours worked, including overtime.
How can employers ensure compliance with labor laws regarding off-the-clock work?
Employers can ensure compliance with labor laws regarding off-the-clock work by clearly communicating policies that prohibit off-the-clock work, training managers and supervisors to respect these policies, and implementing systems to accurately track all hours worked by employees. Employers should also encourage employees to report any instances where they feel pressured to work without pay and take corrective action if necessary.
See all related hourly worker wage dispute lawsuits our lawyers covered so far.
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