Prohibit Off-the-Clock Work? Put It in Writing

Wage-and-hour lawsuits involving “off-the-clock work”are on the rise at both the state and federal levels. In these types of lawsuits, nonexempt employees claim they weren’t paid for time spent performing work for the employer either before or after their scheduled shift.

But employers can minimize risk. A California employer recently received a favorable ruling in an off-the-clock case. The court dismissed the case before trial, finding that the employer explicitly prohibited off-the-clock work; the employee worked off-the clock contrary to this policy; the employer had no actual or constructive notice of the employee’s unapproved off-the-clock work; and, thus, the employer could not be liable. Jong v. Kaiser Foundation Health Plan, Inc., 226 Cal.App.4th 391 (2014)

This case serves an important reminder to put your off-the-clock policy in writing and follow through with consistent enforcement.

Source: HR California Extra

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This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please contact your employment attorney in connection with any fact-specific situation in which you intend to take significant employment action. Readers agree that they will not hold Payroll Masters in indemnity and Payroll Masters assumes no liability. Payroll Masters is not engaged in rendering legal or accounting services. Therefore, Payroll Masters assumes no responsibility for claims arising from the use or implementation of the above information. 

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