Several key federal laws protect workers from abuse. The Fair Labor Standards Act (FLSA) is one of the most important federal laws for employee protection. It establishes the right to minimum wage and also overtime pay. It also clarifies a variety of organizational responsibilities to employees.
Typically, workers paid on an hourly basis must keep records of when they are on the clock. Their employer should then pay them based on the total amount of time worked. Occasionally, companies may request that workers perform certain tasks while they are not on the clock.
Is off-the-clock labor legal, or does it constitute a violation of the FLSA?
Requesting minimal unpaid labor is sometimes legal
While it is true that employees paid on an hourly basis have the right to wages for the time they work, there are limitations that apply. Employers who use a basic time clock system for tracking hours worked and calculating wages might train workers to clock out before performing the final tasks for their shifts.
The shift lead or manager on duty at the end of the day might need to clock out before they arm the security system and lock the doors while exiting the building. Such requirements fall under the de minimis rule of the FLSA. Provided that the amount of time involved in performing unpaid labor is inconsequential, employers do not have to account for every second a worker performs job functions.
However, the time should be minimal for the de minimis rule to apply. Requiring that employees show up 15 minutes before each shift to do prep work or cleaning may not fall under the de minimis rule.
Demanding that workers come in on their day off to perform a deep clean in exchange for a pizza party is also likely a violation of the FLSA. If an employer demands that a worker be available on an on-call basis every weekend or handle repeat customer inquiries over email or social media in between shifts without pay, that could also violate the pay rights of hourly workers.
Documenting the amount of time committed to different tasks and reviewing the situation at length can help workers understand and assert their rights. Professionals who experience FLSA violations may have grounds to bring wage claims against their employers.
