Employers are required to pay employees for all hours they work. Nonetheless, employers often fail to count or record all of the time worked by an employee during a seven-day workweek. This results in unpaid wages or unpaid overtime. Off the clock work occurs when an employee spends time performing job-related duties and activities (which benefit the employer) without pay.
Off the clock work can occur before work in the form of pre-shift meetings, roll-call, set-up of equipment or any other duties that occur without pay before the start of a shift.
Off the clock work can also occur post-shift. Some employees are required to stay late without pay for duties such as cleaning up or completing paperwork. Off the clock post-shift work can also include when employees are required to stop at the bank, post office or for supplies on their way home.
Off the clock work can also occur when an employee performs work from home. This can include checking emails, returning phone calls, completing paperwork and obtaining work instructions for the following workday.
When an employer knows that an employee has performed work (or could have learned with a reasonable inquiry), the employer is required to pay the employee for the time spent performing that work. The FLSA does not permit “voluntary” work, nor does it permit employers to refuse to pay employees under rules labeling work as “unauthorized” or “unapproved".
If you are required or expected to work off the clock, you may be owed unpaid wages and overtime. Contact the Indiana employment law attorneys at The Law Office of Robert J. Hunt, LLC for a free, confidential evaluation of your situation.