It will complicate working conditions and output expectations. ![]() In the end, it really does not help anyone. But there are a few other reasons why you should not be working off the clock. Safety gear – putting on and taking off required protective gear before and after a shift.Multiple work locations – travel time between multiple work locations in the same day.Working during unpaid breaks – performing work-related tasks while on an unpaid break, such as a lunch break, that is NOT paid for by the company.Waiting for more work – waiting for work to come in, waiting for customers to come in, waiting for trucks or deliveries to arrive.Unpaid administrative tasks – undergoing training, reading emails, returning phone calls, meeting with management, completing paperwork, reviewing patient charts.Assisting coworkers – helping a coworker complete tasks after the employee has already clocked out and is not being paid to help.Unpaid rework – reworking a project or task that was completed during working hours, but must be revised and is being done after working hours.Post-shift work – cleaning up after the workday, completing tasks that should have been completed during the workday, transferring equipment or vehicles to a separate site, writing up reports or other end-of-day paperwork.Preparing for work – warming up or loading a truck, preparing a worksite for the day, pre-opening preparations in a restaurant or retail shop, transferring equipment to a worksite, turning on computers and other equipment.Some of the most common examples of working off the clock include: If you’re wondering, “is it illegal to work off the clock, and in what circumstances,” we can provide some guidance. For all non-exempt employees, any tasks related to work should be considered work time and should be paid. It may seem obvious, but sometimes even employees do not realize that what they are doing is considered working off the clock. Employers must also pay employees for “suffered work.” This means that when an employee has stayed to finish tasks or help coworkers that was not mandated by the employer, but was allowed by the employer, they still must be paid. Employers must pay workers when they “permit or allow them to work.” This means that employers must pay employees for the work they have allowed those employees to perform. Performing any duties for an employer without being paid is working off the clock. After 40 hours, workers must be paid overtime at a rate of one and a half times their normal hourly pay. Pre-work preparation, work set up, working hours, and post-work tasks are all included in “hours worked.” Employees must be paid at least the minimum wage for hours worked up to 40 hours per week. There are also certain industries that are exempt, such as farm workers and taxicab drivers.įLSA requires that any non-exempt employee be paid for all hours worked. These types of jobs are often salaried positions, which means the employee is paid a set amount regardless of the number of hours they work. ![]() Executive, professional, and administrative employees and those who work on commission are often exempt from FLSA requirements. It applies to most workers, but does include a few exemptions. The FLSA establishes requirements for minimum wage, overtime, and other forms of employee protections. Contact us today for a free and confidential case evaluation The Fair Labor Standards Act Morgan & Morgan has been handling these types of claims for decades, and we would be honored to help you. If your employer is forcing you to work off the clock and is refusing to compensate you, you should contact a lawyer right away. If you are a non-exempt hourly employee, it is never ok for you to work off the clock. Some employees may be worried about losing their job if they refuse to work off the clock, and some employees may not realize that all of the tasks they are fulfilling on their own time should be paid for. Even an hour or two every week can add up to thousands of dollars in lost wages over a person’s work career. There are laws in place to protect hourly workers from being exploited and expected to work without pay. According to the Fair Labor Standards Act (FLSA), yes, it is illegal for most employees to work off the clock.
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