Does an Employer Always Have to Request For “Off the Clock Work”?Īn employer does not always request for unauthorized off-the-clock work explicitly. If the claim is approved by FLSA and is found valid then the attorney’s fees may also be recovered for the employees. Employers displaying that things were done in good faith, demonstrating due diligence in compliance with FLSA, may surpass such a claim. As a principle, former employees are awarded damages by the DOL. Recovery of back wages up to 3 years for overtime that was unpaid is possible by filing a complaint with the DOL this could include liquidated damages equivalent to what the employer owes. Retrieving Back Pay for Work Off-The-Clock When an employee continues to work after clock-out, by cleaning, making phone calls, or finishing documents according to FLSA he or she must be compensated for it. If an employee decides to arrive early at work and start reading emails, working on the computer, this is also off-the-clock work. If an employee is required to stay after hours to continue attending to a customer, this time must be paid as well. Taking phone calls at home that are work related, after the shift ends. If an employee has a project at hand and has to complete it, he might work from home without the hours being counted. Instructions given to an employee to revise a design or writing without compensation, waiting for work when the job is not available yet, wait time that an employer gives an employee before completing a task is all counted as work that must be paid. Likewise, post-shift unpaid work shut as taking out the trash, cleaning machines, wash cars, sweep, count money are also considered off-the-clock. Pre-work is defined as unpaid groundwork like warming up a truck, preparing a worksite, or transferring/loading of equipment these are situations where at times an employee is off-the-clock. However, for this work, the pay rate should be 1.5 times or double the regular rate. Sometimes off-the-clock work is compensated at the employee’s regular pay rate.
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