What is off the clock work? We’ve broken it down so you know whether or not you’re owed more by your employer.
How often do you check your email inbox for emails even after you are done with work? Did you know that spending time in your inbox when you shouldn’t be working is a common off-the-clock work activity?
A survey shows that 43% of American employees checked their work emails every few hours when they were off-duty in 2019.
What is Off The Work Work?
Off-the-clock work is the work employees perform outside of their working hours and for which they are not compensated. This type of work does not add to overtime pay. In fact, it can include any type of activity that benefits the employer and counts as a part of the job. So, working off-the-clock covers work activities done outside official shifts (before or after official working hours), without any compensation.
Common Off The Clock Work Activiites
Some of the most common types of working off-the-clock:
- Pre-shift work: activities like truck warming or loading, worksite preparation, or carrying job equipment.
- 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.
- Rework: when employees are required to redo the project or fix project errors without getting paid.
- Waiting for the next job assignment/project: when workers have to wait for their next tasks or projects.
- 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.
Working off-the-clock laws
According 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)”.
Frequently Asked Questions About Off The Clock Work
Is it illegal to work off-the-clock?
Employers could face legal consequences for not paying their employees for off-the-clock work.
According to FLSA, “employers failing to identify, record, or compensate “off-the-clock” hours spent by employees performing compensable, job-related activities” are at the risk of litigation.
So, in case you have no other option but to work off-the-clock, be sure to inform both your manager and your employer and track these additional hours to avoid exposing your employer to wage and hour liability.
Can you be fired for working off the clock?
Although getting fired for off-the-clock work is possible, to find a clear-cut answer to this question, you need to be familiar with your company’s policy.
Certain companies have a separate clause in their employment contract regarding the authorization of overtime work.