Can my employer require me to perform work duties while off the clock?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer require me to perform work duties while off the clock?
If I fail to sign off on my timecard, is my employer still required to pay me on my required payday according to the hours I have clocked?
Asked on November 2, 2015 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, you can't be required to do work off the clock: all work is by definition on the clock, since hourly employees must be paid for all work done, whether done before, during, or after normal work hours. A failure to pay for all hours worked is a violation of labor laws, such as the Fair Labor Standards Act (FLSA), and you could sue for the money or contact your state labor department to file a complaint (which is free to do). (And note: if you worked more than 40 hours in a week, you must be paid for all hours past 40.)
If you don't sign the time card, your employer could refuse to pay you, since you did not complete your paperwork. You may wish to contact the labor department right away and file the complaint now, rather than sign off on inaccurate time cards then trying to complain later. The Labor Dept. can guide you in what to do vis-a-vis the time card(s).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.