It is illegal for an employee to work off-the-clock and our California lawyer will give you free legal consultation. You may find a lawyer to help you file a lawsuit to claim back pay, to recognize whether it comes under FLSA or to resolve queries about worker’s rights. There is a rising number (for back pay) of hour and wage lawsuits, with great focus on employers failing to pay for overtime hours. Steps should be taken by employers to make sure their employees, including managers, know exactly what accounts for all time worked.
The role of supervisors is critical as they will most likely be asked by employees about recording after-hours work on timecards. Employees are sometimes glad to work a little extra as they enjoy their work, or they receive extra benefits, but if they are not happy or things go wrong, they may approach a lawyer. Compliance is of utmost importance because employers can never be sure about work relationships lasting for long periods of time. A lawsuit is usually filed when an employee is terminated or is unhappy at work.
Many employers follow FLSA hour and wage laws dedicatedly, and strongly discourage employees from off-the-clock work. An employer violates the law if uncompensated off-the-clock work is allowed, or the activity is ignored and at times not compensated.
If hour and wage laws are intentionally violated by the employer, the civil penalties they face are much worse. Under FLSA, liabilities range back to 3 years. Employers should be made aware that the amount of unpaid earnings owed is equal to liquidated damages. Liquidated damages form double liabilities that employers risk when exposure is quite high. Paying employees’ back-wages is easier and less expensive than going through a lawsuit. As remedy, employers can be required to compensate liquidated damages along with civil penalties if the court finds them guilty.
Normally, the statute of limitations is 2 years, but if employers intentionally violate the FLSA hour and wage laws, they are liable for 3 years. A lawsuit can be filed by a current or former employee for unpaid wages. There may be collective lawsuits too. If that same circumstances have occurred with multiple employees such as non-payment for work off-the-clock, they can sue the employer as part of a collective action under FLSA.
Brad Nakase, Attorney
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