An employer might face unpaid overtime lawsuit because employees are working off the clock. Employers should strictly regulate task times, breaks and lunches to avoid liabilities for employees working off-the-clock work by staff. Therefore, it is important to understand how to prevent employees from working off the clock.
A misunderstanding among some managers that employees are required to work off-the-clock can lead to considering extra work fine. This can result in back pay being requested by an employee for working uncompensated, including liquidated damages compensation. Mindful employers should certainly control the off-the-clock work situation and prevent any unpaid work from taking place.
Clear Company Policy Prohibiting Working Off the Clock
A strict company policy can be implemented by employers, taking steps to regulate off-the-clock unconsented work according to FLSA rules; by monitoring work activities, constructing written training policies, and advising supervisors and managers about off-the-clock work. Employer’s guidelines should be clear and explicit examples should be provided regarding what accounts for “off-the-clock” violations in the workplace to avoid misconceptions. Through wage and hour law training, supervisors and managers can be educated about the concepts of off-the-clock work. This will also enlighten them about their responsibilities to their employees and employer under wage laws prescribed by the state and federal government.
Limit Access to Technology
Employers have realized that employee access to technology must be restricted to control overtime work. One main way to restrict overtime work is to shift control. Employees should have to clock in during hours of work. Working through lunch breaks and changing shift times are usual means of working off-the-clock. Off-the-clock work mistakes can be reduced by informing the employees of lunch and break times. Recommendations for best practices at the workplace under FLSA are to limit access to technology, train supervisors, and take charge to ensure that employees are working at proper timings, as mentioned in the policies.
“Work” Meaning
The definition of ‘work’ is not provided by FLSA. Still, the term normally includes the time when an employee performs under the employer’s control or direction or performs tasks mainly for the employer’s benefit. The employer can provide activities like answering emails, attending training sessions, and time spent travelling.
The employer could easily recognize employees working late because they have to stay on the premises to work. The access to smartphones, laptops and other devices allows the office to be carried around in employees’ pockets. Emails or phone messages can be checked. Work can be done in the evenings, at weekends, and on vacations. Employees are expected to work or at least be accessible after work hours.
Overtime being exempted for employees is not a problem as the same pay is received weekly. Still, for employees entitled to overtime irrespective of total work hours, any work done must be accounted for and paid. When availability after work hours is expected, the accountability for unpaid hours rises because the employer should know that work is being done.
If the employer does not communicate overtime work expectations, the impression given by supervisors suggests that it is expected. In challenging economic times, it may be believed the employees that work done after hours is an unspoken expectation, particularly if the employer cannot discourage them from it. Employees can be disciplined for unofficial overtime. Even if they are working after hours voluntarily, they should know that the work time must be recorded; failing to do so will not help the company.
