Federal and state law require employers to compensate nonexempt
employees for all hours worked. "Hours worked" is not
limited to the time during which an employee may be regularly
scheduled, but also includes all time the employer knows, or has
reason to know, that a nonexempt employee is performing work,
including "off-the-clock" work.
Technology has made it easier for employees to perform
off-the-clock work, and employers may be required to compensate
nonexempt employees for time spent at home checking and responding
to emails or performing other work-related activities.
Off-the-clock work represents a potential liability for employers,
who may be faced with expensive litigation by employees seeking to
recover compensation for work performed. Employers should act to
mitigate this risk through unambiguous policies and practices that
clearly set out the employer's expectations regarding working
time. Below are five tips to help employers minimize their
liability:
