This is a common misconception about overtime rules, and some people are under the impression that a 40 hour work week is some sort of legal limit and that working more than 40 hours is a voluntary action. Not only can the employee recover unpaid wages going back up to 3 years, but also 'liquidated damages.'. Can I file an Ohio personal injury lawsuit for a motorcycle accident if I was hit by a car while not wearing a helmet? Since you can't address what you don't know, encouraging your team to track their time can give you an overview of everyone's work hours. Prior to joining us at Gibbs Law Group LLP, Linda Lam worked at a national employment law firm, where she represented workers in lawsuits to recover unpaid wages and benefits. Employees should be clocked in during work. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. Supervisors play a critical role because employees will most likely ask them whether after-hours work should be recorded on a timecard. Cleaning up after a shift. Violating this law can result in a penalty for the employer. The attorneys in our employment law practice have all be selected as 2018 Northern CaliforniaSuper LawyersorRisings Stars. So letting people work off the clock, even if they want to, is a serious risk for employers. The Fair Labor Standards Act (FLSA) requires that covered non-exempt employees receive at least the minimum wage and at least one and one-half times their regular rates of pay for hours worked over 40 in a workweek. Cautious employers are more likely to exercise control over off-the-clock work, and subsequently, prevent work that will be unpaid from occurring. I know they say it's a nursing shortage, but it sure does not seem that way where I live, you have 10 nurses waiting to take your job if you want to complain about anything. The statute of limitations is customarily two (2) years, yet employers are liable three (3) years for intentional violation of FLSA wage and hour laws. But, are the concerns about off-the-clock work really justified? Stay up-to-date with how the law affects your life. Even the eager employee who wishes to "go the extra mile" by working unpaid can later change his or her mind and request back pay, including liquidated damages, for off the clock work. Columbus, OH 43125. Although getting fired for off-the-clock work is possible, to find a clear-cut answer to this question, you need to be familiar with your company's policy. And most employees working more than 40 hours per week must be paid overtime. No one is above the law, including your boss. Ever since 2017, Italian smart workers (workers with flexible arrangements) have been granted the right not to engage in any work-related communication outside their official working hours. Non-exempt employees may not work off-the-clock at any time, even if a manager asks the employee to do so. Our members represent more than 60 professional nursing specialties. So, working off-the-clock covers work activities done outside official shifts (before or after official working hours), without any compensation. The FLSA states that work that is off-the-clock is the same as overtime not compensated by an employer at a standard hourly wage. Federal government websites often end in .gov or .mil. Working off the clock labor is that which is unpaid or not contributing to overtime pay, and is usually illegal. Have you ever noticed that Nursing is full of no-win situations for nurses? Working-off-the clock is rarely a smart decision, and it can get both the employee and the employer in trouble. | Last updated December 27, 2021. To be sure, check your state and federal wage and hour laws. Management does not care if you had 2 new admissions and a full code on an 8 hour shift. The proposed bill would apply to private employers and it would be illegal for them to require their employees to check their electronic communications off-duty. This means hourly employees working off the clock can have a significant impact on your business' bottom line. Complaints filed with the Department of Labor may recover up to threeyears of back wages for unpaid overtime; including liquidated damages equal to what a former employee is owed. In 2017, the French government adopted the right to disconnect to ensure that all work-related communication happens only during official working hours. As soon as you discover where your team stands, it will be much easier to work through a solution and lead your team to brush up on their time management skills. The event of a lawsuit, an employer should not rely on a defense that the employee agreed to violate the FLSA by working without pay. Working remotely was largely voluntary prior to the pandemic . "Suffered work means the employee engages in work that isn't requested but allowed, such as working extra, unpaid hours in order to help colleagues. Merely paying the employee back-wages is less expensive and litigious than the threat of lawsuit. If you have ever considered staying up late just to meet a deadline, you must have had dozens of questions regarding the decision to work off-the-clock. If meetings are strictly voluntary and outside of working hours, you may not be required to pay employees. All hours worked, whether approved in advance or not, must be reported and will be paid. Our Ohio wage law attorneys understand that reporting wage violations can be uncomfortable, which is why we attempt to resolve these issues without the need for litigation. But there are some really good reasons why you shouldn't work off the clock. Returning work-related phone calls at home after the shift has ended. It's sad, but they are fully aware that nurses are charting off the clock, and they never, ever, mention a word about that. An employee might clock out,yet continue working by finishing documents, making phone calls, or cleaning; all of which must be compensated under FLSA. Right? Sometimes employees are happy to work a little extra because they like their job, or receive some side perks, but when something goes wrong, and theyre not so happy, they start calling attorneys. There is no single law protecting the rights of employees while they are off work. Learn more about FindLaws newsletters, including our terms of use and privacy policy. In other words, the full scope of the problem remains unknown. Similarly, unpaid work post-shift, like finishing, cleaning, and returning equipment is off-the-clock. He was available to answer my calls and talk about My twin 16 year old sons were involved in a horrible accident. As a matter of fact, there are cases when off-the-clock work is allowed, but they usually involve insignificant and minor tasks. The materials listed below provide general information concerning what constitutes compensable time under the FLSA. Non-exempt employees and hourly employees have to clock in and out [CDATA[/* >