The Fair Labor Standards Act (FLSA) is one of the most important employment laws in the United States. It establishes the right to fair pay for work performed and regulates the relationship between a company and its employees.
Under the FLSA, hourly employees have the right to minimum wage and also overtime pay if they are on the clock for more than 40 hours in one week. Some companies try to limit their staffing costs in ways that might violate the FLSA.
They might have workers clock out before performing tasks or demand that they perform minor tasks before starting a shift. Does off-the-clock work constitute a FLSA violation?
Unpaid labor could lead to wage claims
Generally speaking, businesses should fairly compensate workers based on their employment contract and work schedule. Professionals paid on an hourly basis should typically receive pay for the full amount of time that they work.
There are small exceptions available for inconsequential amounts of time. Asking a worker to clock out before the last steps of locking up the business for the night is reasonable. The two or three minutes spent fulfilling those job tasks fall under the de minimis rule. The employer does not have to worry about wage claims, provided that the unpaid labor only adds up to a negligible amount of lost pay.
However, if a company requires that employees show up to work 20 minutes early before their shifts and perform cleaning or prep work without pay, that is a clear violation of the FLSA. Recurring job tasks that require more than a negligible amount of time should occur when workers are on the clock.
Reviewing the unpaid work requirements imposed on professionals can help them determine if employers may have violated their rights. Off-the-clock work that occurs regularly and extends beyond a few minutes may represent a violation of federal statutes.
