Employers And Supervisors May Be Sued For Tolerating or Encouraging “Off-the-Clock” Work.

Because the FLSA (federal wage and hour law) requires payment for all time that nonexempt workers are “suffered or permitted” to work regardless of whether it is recorded on a time sheet or whether it occurs outside of a scheduled workday, employers should implement training and policy to avoid all “off-the-clock” work. The following are some preemptive strategies that may be appropriate to implement: 1) Revise employee handbooks to communicate that all time must be recorded and that the company has zero-tolerance for violations and prohibits any retaliation against those who report violations; 2) Re-train all management and supervisors to notify them that they cannot require, encourage or even suggest that a nonexempt employee work off-the-clock; and 3) Require timesheets with signed acknowledgement from each employee and supervisor that all time worked has been recorded.

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