Can your boss tell you what to do off the clock?

Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts. What's more, employers should be wary of any request to be paid in cash or off the books.

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Monitored Time Info and Pamphlet - Off Clock Pitfalls

Texas Monitored Time Info and Pamphlet - Off Clock Pitfalls

Name: Texas Monitored Time Info and Pamphlet - Off Clock Pitfalls
Brand: US Legal Forms
Rating: 4.86 (312 reviews)

Category:

Employment - Time and Attendance

State:

Multi-State

Control #:

US-FR-TA-1

Format:

Instant download

Description

Information regarding "Off Clock" pitfalls & Policies to combat claims regarding time sheets and time cards.

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FAQ

Employee time theft is what happens when an employee gets paid for time they didn't work. It's primarily applicable to hourly employees more so than exempt employees. One survey points out that 43 percent of hourly workers said they exaggerated the amount of time worked during their shifts.

Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts. What's more, employers should be wary of any request to be paid in cash or off the books.

What Is Time Theft? Time theft occurs when an employee is paid for work they have not actually done, or for time they were not actually at work.

When the employer is aware, or invites, a non-exempt employee to send off the clock emails, calls or texts, the employer must have a way to track that time and ensure that the employee is paid. Typically, a minute here or there may not pose a problem. However, when the time adds up, it's a problem.

If you claim hours on your time sheet that you didn't work, you are guilty of time sheet fraud -- altering your time sheet so that you will get paid for hours that you were not actually at work. This behavior defrauds the company, as you receive pay under false pretenses. If you get caught, you can be arrested.

The company you stole from could charge you with gross misconduct and has grounds to fire you immediately. Or you could face suspension, without pay, while the company conducts an investigation, in which case you could still be terminated or face a major demotion or transfer.

Time theft laws Even if you suspect that some of that time may be stolenintentionally or notrefusal to pay it may land you with a lawsuit. An employee can sue for an amount equal to double the missing wages in back pay, plus any legal costs and fees.

Employers can ask you whatever questions they want: No one is going to stop them. However, there are some things that you feel comfortable sharing and some things that are better left unsaid.

Today, employers have the technological means, and occasionally the inclination, to find out what workers are doing on their own time. However, their right to monitor what you do off the joband make decisions based on that conductis limited.

One of them is that the employer, not the employee, sets the schedule at work; your employer can tell you when to work, and can change your schedule at will, without prior notice.

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Texas Monitored Time Info and Pamphlet - Off Clock Pitfalls

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