![]() ![]() Since the standard FLSA work period for seven consecutive days is 40 hours per week, everything beyond these 40 hours counts as overtime. The FLSA also regulates that all non-exempt employees must be paid for all hours worked, including overtime and off-the-clock work. The same rule applies for working off-the-clock after shifts. Working off-the-clock lawsĪccording to the Fair Labor Standards Act, working off-the-clock "counts as work time and must be included in FLSA pay computations, provided only that the employer knew or should have known that the employee was beginning work early (and, of course, to the extent that the employee spent pre-shift time actually performing work activities)". Otherwise, your employee could be charged for violating the Code of Federal Regulations. In that case, breaks up to 20 minutes are part of compensable work hours, and they have to be covered by the sum of hours worked per week.īut, keep in mind that if your employer offers you a lunch break, you “must be completely relieved from duty for the purposes of eating regular meals". Still, regardless of the federal law, employers might choose to offer breaks to their employees. So it’s always best to check your state laws to see whether employees are entitled to a break. But, certain states have laws that require rest periods. US federal law doesn’t enforce lunch or coffee breaks. ![]() Working during lunch breaks: when, instead of taking a lunch break, employees have to take care of assignments such as answering the phone, working on a computer, or replying to customers'/clients' questions.Waiting for the next job assignment/project: when workers have to wait for their next tasks or projects.Rework: when employees are required to redo the project or fix project errors without getting paid.Administrative work: doing paperwork, attending meetings, reviewing work documents, taking work calls and answering work emails, outside of employee's working hours.Post-shift work: cleaning up the workspace, equipment, and tools, finishing tasks that should be done by the end of the shift, or returning equipment.Pre-shift work: activities like truck warming or loading, worksite preparation, or carrying job equipment.Here are some of the most common types of working off-the-clock: The most common types of off-the-clock work activities So, working off-the-clock covers work activities done outside official shifts (before or after official working hours), without any compensation. It can include any type of activity that benefits the employer and counts as a part of the job. This type of labor does not contribute to overtime pay. Off-the-clock work is the work employees perform outside of their working hours and for which they are not compensated. But, is working off-the-clock a trend that we should continue to follow? What is off-the-clock work? The pandemic didn’t reverse this trend, so the number of emails sent after hours increased by 8.3% in 2020. How often do you check your email even after you finish working? Did you know that spending time in your inbox when you shouldn’t be working is a common off-the-clock work activity? In fact, a survey, showed that 43% of American employees checked their work emails every few hours when they were off-duty in 2019. Working off-the-clock: why it’s illegal & how to prevent it ![]()
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