Category Archives: Off-the-Clock

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Thoughts On Payroll By Exception and Weekly Time Sheets

In a recent blog post, Wage and Hour Administrator David Weil tries to underplay employer concerns about the new overtime exemption rules, including worries about the difficulty of tracking time for employees who are not used to recording their hours, stating: There’s no requirement that employees “punch in” and “punch out.” Employers have flexibility in … Continue Reading

Have You Trained Your Supervisors on Wage & Hour Compliance?

When sexual harassment lawsuits started becoming a major liability issue for employers, many employers sensibly responded by requiring their supervisory employees to go through mandatory anti-harassment training. There is at least some data to suggest that training and other preventive measures have done some good. For example, statistics published on the EEOC’s website (here and here) show … Continue Reading

Good Things Come To Those Who Document Good Wage & Hour Practices

Remember those Guinness commercials from the early 2000s with the tagline “Good things come to those who wait” (or maybe, if you predate the no-mess squeeze bottles, you remember the Heinz ketchup commercials with the same tagline from the 1980s)? In wage and hour law, good things come to those who document good wage and … Continue Reading

Seventh Circuit Weighs In On Commonality Requirement in Class Actions

The Seventh Circuit recently applied the Supreme Court’s Wal-Mart Stores, Inc. v. Dukes decision to class certification in a wage and hour action, and affirmed the certification of two classes.  Ross v. RBS Citizens N.A. d/b/a Charter One.  The Seventh Circuit held that the district court did not abuse its discretion in certifying two classes … Continue Reading

Even Best Practices Can't Always Ensure Quick Dismissal of Wage & Hour Claims

You’re a savvy employer. Your timekeeping policies are clear. Your employees know that they are required to report all of their work time. Employees sign off on their time records each week. You even provide a procedure for employees to confidentially report any improper actions by their supervisors. Your records are complete, organized, and show … Continue Reading

Starting Computers and Reading E-Mail May Be Compensable Work

Last week, the U.S. Department of Labor announced a settlement with Hilton Reservations Worldwide, LLC, in which the company agreed to pay $715,507 in minimum wages and overtime pay to 2,645 current and former customer service employees in Texas, Florida, Illinois and Pennsylvania. The DOL determined after an audit that the company failed to pay … Continue Reading

Wage & Hour Issues in the Cleaning and Maintenance Industry

Check out my article in the October 2011 issue of Cleaning & Maintenance Management.  While focused on the cleaning and maintenance industry, the issues highlighted in the article are generally applicable to a wide range employers.  Here’s the link: Are You Due for a Wage and Hour Checkup? The U.S. Department of Labor has specifically identified … Continue Reading

Do Employers Have to Pay for Travel Time?

In this economy, we continue to see lay-offs and slow growth in hiring.  As a result, more employees are being asked to take on additional responsibilities and assignments.  These circumstances, coupled with the fact that some employers are properly re-classifying certain jobs as non-exempt, have led to an increase in work-related travel for non-exempt employees.  … Continue Reading

The Myth of "Unauthorized" Overtime

Has something like this ever happened in your organization? You have a solid non-exempt employee working hard on a project. His supervisor is out of town and unreachable. In the supervisor’s absence, to get the job done, he works a few hours of overtime. When the supervisor gets back, he asks if she will approve … Continue Reading

Do We Have to Pay Employees for Checking E-Mail Outside of Work? [Wage & Hour FAQ]

Q. Our company provides remote access to e-mail for all employees, and some of our hourly employees carry iPhones and Blackberries with access to their work e-mail. Most non-exempt employees only work during regular business hours, but some will occasionally check and respond to e-mail after hours or on weekends. Do we need to pay … Continue Reading