Information regarding "Off Clock" pitfalls & Policies to combat claims regarding time sheets and time cards.
Massachusetts Monitored Time Info and Pamphlet - Off Clock Pitfalls
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FAQ
Employers must provide employees with prompt notice of any schedule changes. Schedule changes can occur in a smaller than 14-day window. Most scheduling laws require at least a 24-hour notice, however. Some laws require the employer to give the employee the right to accept or refuse.
Generally, employers are not allowed to listen to or record conversations of their employees without the consent of the parties involved. The Electronic Communications Privacy Act (ECPA) allows employers to listen in on business calls, but are not allowed to record or listen to private conversations.
Yes, they do, as long as the activity they monitor has something to do with the business of the employer. The only exceptions are when specific privacy rights are included in an employment contract or agreement you have signed.
Is it legal for an employer to adjust your hours? Believe it or not, it's actually perfectly legal for an employer to modify a time card without an employee's knowledge, as long as the employee is paid for all time worked.
Massachusetts is an all party consent state, which means that secret audio recordings made without the knowledge or consent of all the parties involved violates the wiretap statute. (Video recording and photography are not covered.)
An employer should give an employee who works an irregular shift pattern reasonable notice of their hours. Normally this would be included in the contract of employment and the standard notice period is around 7 days.
Your employer must give you reasonable notice of any changes to your working hours, such as cancelling your shifts. They may request last minute changes, such as ringing you that morning to say that they do not require you to work. You can choose to agree to this change.
(c) The employer shall post 7 days in advance of the start of each week in writing a schedule that includes the shifts of all current employees at that worksite, whether or not they are scheduled to work or be on call that week. The employer shall update that posted schedule within 24 hours of any change.
Dretler explains, There is no federal or Massachusetts law that requires an employer to provide a cell phone to an employee or to reimburse an employee for the cost of a calling plan, even if the employer requires that the employee have access to a cell phone and use it to make work-related calls.
Employers must provide employees with a written work schedule, including on-call shifts, before the schedule begins (commonly around 14 days preceding the first day of the schedule).
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