Tag Archives: Off the Clock

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

Employee's Failure to Report Off the Clock Work Not a Total Defense Says 11th Circuit

Last summer, we highlighted an example of how good recordkeeping practices can result in a favorable decision. In the Kaiser Foundation Health Plan case, the employer successfully defended an “unauthorized overtime” claim where an employee worked off the clock against Kaiser’s policies and without its knowledge. A recent Eleventh Circuit decision demonstrates the limits of … 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

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
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