Barkan Meizlish , May 14, 2015
The Fair Labor Standards Act (“FLSA”) was effectively a law beginning in 1938. It was the first big success for workers of the industrious country of America and effectively implemented many of the same working standards that are still in place today. Aside from prohibiting the almost incomprehensible child labor that was common at the time, the FLSA also implemented the first mandatory minimum wage and time and a half pay requirements for any employee who goes over a 40-hour workweek. Another key point of the FLSA is that employers must pay their employees for every hour of time worked – in other words, it prohibits employees from working off the clock.
It can be easy to forget to clock in before starting menial tasks when you get to work but you should try to avoid it at all costs – your time and work are valuable and you need to be fairly compensated for everything you do at work. The same thing goes for the end of the day tasks, once you clock out it is important that you do not do any more work. If your employer asks you to do extra work before or after your shift simply explain that you need to clock in before doing any work. If they give you a hard time or try to pursue disciplinary actions make sure you keep a paper trail and contact us immediately. We here at Barkan Meizlish, LLP have been practicing worker’s compensation and labor law since 1957 and are here to fight for the compensation that you deserve.
For obvious reasons, working off the clock may be praised by your employer and supervisors but you really aren’t doing them any favors. By staying late or working early without being clocked in you put your company at risk of violating FLSA standards. Even if you admit to willingly working off of the clock the company you work for can still be required to pay fines and compensate you for the time worked. To avoid getting your supervisor or employer in trouble for an FLSA violation you should avoid working off the clock at all costs.
If you are a business owner and employer then you need to take extra steps in ensuring that none of your employees are working off of the clock. This can lead to legal action being taken against you in the future. To prevent this all together you need to let your employees and supervisors understand that no hourly employee is to ever work off of the clock. You might have employees that tell you they don’t mind performing a simple task without being paid, but you should never trust their word no matter how trustworthy of an employee they are. By allowing employees to work off of the clock you open yourself to receiving lawsuits from current and past employees. If you are a business owner and want to avoid paying your employees overtime then you should explore salary-based pay which protects you from any off-clock work complaints from employees.
In order to best protect you and your company from being required to pay large amounts of back pay, you need to implement a strict work process where your managers closely monitor employees’ work times, lunch, and break times. By closely monitoring the work process you can ensure your employers get the most amount of work done without having to pay overtime wages. If overtime is required then you have to pay it to prevent any unpaid wage complaints in the future.
Here at Barkan Meizlish we have been protecting worker’s rights since 1957 and have become one of the most trusted firms when it comes to worker’s compensation and wage issues. If your employer has been requiring you to work off the clock then you are entitled to compensation for every single hour worked. If you don’t take action to recover your missed wages promptly then you might not be able to recover them at all. In order to get the compensation that you deserve you need to contact Barkan Meizlish, LLP today so you don’t miss out on your opportunity to recover your missed wages.
Fill out the form below to get started.