Prohibit Off-the-Clock Work? Put It in Writing

Wage-and-hour lawsuits involving “off-the-clock work”are on the rise at both the state and federal levels. In these types of lawsuits, nonexempt employees claim they weren’t paid for time spent performing work for the employer either before or after their scheduled shift.

But employers can minimize risk. A California employer recently received a favorable ruling in an off-the-clock case. The court dismissed the case before trial, finding that the employer explicitly prohibited off-the-clock work; the employee worked off-the clock contrary to this policy; the employer had no actual or constructive notice of the employee’s unapproved off-the-clock work; and, thus, the employer could not be liable. Jong v. Kaiser Foundation Health Plan, Inc., 226 Cal.App.4th 391 (2014)

This case serves an important reminder to put your off-the-clock policy in writing and follow through with consistent enforcement.

Source: HR California Extra

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