An employee might “clock out,” yet continue working by finishing documents, making phone calls, or cleaning all of which must be compensated under FLSA. If an employee makes the decision to arrive at work early and begin working on the computer, reading emails, working off-the-clock has taken place. If the employee must stay late to finish helping the customer, must be paid for that time even though shift is ended. Returning work-related phone calls at home after the shift has ended. If an employee is working on a project and not completed, might take home and work from there without counting the hours. Assignments or time that an employer has allowed an employee to wait to perform a task, thus counted as work, and will be paid. The act of awaiting work when the job is not yet available. When an employee is instructed to rework a project without pay. Similarly, unpaid work post-shift, like finishing, cleaning, and returning equipment is off-the-clock. Unpaid preparation is classified as “pre-work” act such as truck warming, loading, transferring of equipment or worksite preparation, are scenarios where a worker is at times off-the-clock. Suffered work is when an employee works extra hours to assist co-workers at the consent of the employer, yet they are unrequired and unpaid. law that overtime is usually due compensation.Īn employer is also generally obliged to pay a worker whose work is suffered. Where an employer requires or allows workers to work overtime, under U.S. Federal law defines employment to include permit to work, or “suffer” as result of the activity. 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. Under the FLSA, all non- exempt workers must be paid for all hours worked.
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