Expert Insights: Off-the-clock work means you’re on the hook
Do any of your nonexempt (“hourly”) employees ever say something like:
- “I’ll just eat lunch at my desk.”
- “I’ll read that report over lunch.”
- “I can multitask during lunch to get that project done.”
Casual statements like these — perhaps said to a supervisor in passing — should set off alarm bells for HR professionals. These seemingly benign comments could indicate the potential for wage and hour violations if employees are allowed to work off the clock when they’re supposed to be on a meal break.
If your company has staff working through their lunch to answer phones or monitor the front desk, make sure they’re getting paid properly for that work time, and aren’t working off the clock.
The federal Fair Labor Standards Act (FLSA) requires that a nonexempt (“hourly”) employee be paid time and one-half the regular rate for all hours worked beyond 40 during a workweek. In order to determine what overtime is owed, hours worked must be calculated. Usually, that’s relatively simple. Hours worked includes all the time the employee is doing principal duties, whether directed to do so or merely permitted to do so. Volunteer or off-the-clock work must be counted.
Employers that ignore when employees work off the clock could be on the hook for wage and hour claims, fines, penalties, and more. This is why management training is so important. Managers need to know the risks involved if they let employees work through their lunches. It might not seem like a big deal on the front end, especially if there are deadlines to meet. But the risks of violating these types of employment laws can jeopardize a company in the long run.
It's also good to train your employees in proper timecard recordkeeping. Remind them to only work their assigned hours and to track all their time correctly. While being dedicated to work is admirable, it’s not good if it comes at the cost of a burnt-out employee who’s working more hours than they’re being paid.
