Employer Requiring Employees to Work off clock

[blackjack50]

If an employer requires you to attend job related events during off times...would you consider that to be requiring an employee to be working off the clock? Just an interesting question because that would make it illegal correct? This is for an hourly worker. Not a salaried employee

 

[mak2]

Yes, the last two corporations I worked for were not even allowed to imply it would look good for an hourly employee to show up for a Christmas party or we had to pay them. Apparently they lost a lawsuit.

 

[gdgyva]

depends on the event

this time of the year, there are thousands of christmas parties happening around the country

ours was Sunday night

I was standing in the receiving line along with the owner....

If you think he doesnt know you attended and who didnt.....well.....

It is NOT mandatory to show up....

But not showing will leave a lasting impression

We had over 500 people there....well over 150 kids....

Are you talking about that type of thing....or something else

 

[OrphanSlug]

If an employer requires you to attend job related events during off times...would you consider that to be requiring an employee to be working off the clock? Just an interesting question because that would make it illegal correct? This is for an hourly worker. Not a salaried employee

Because of the mess other employers have made of this situation, it is unlikely you will find many employers these days willing to "require" the employee to attend events designed to be off the clock.

 

[faithful_servant]

If an employer requires you to attend job related events during off times...would you consider that to be requiring an employee to be working off the clock? Just an interesting question because that would make it illegal correct? This is for an hourly worker. Not a salaried employee

If an employer requires you to do anything, it's on the clock. If your boss tells you that there's a company wide bowling tournament and you are required to be there, then you get paid for it.

 

[blackjack50]

depends on the event

this time of the year, there are thousands of christmas parties happening around the country

ours was Sunday night

I was standing in the receiving line along with the owner....

If you think he doesnt know you attended and who didnt.....well.....

It is NOT mandatory to show up....

But not showing will leave a lasting impression

We had over 500 people there....well over 150 kids....

Are you talking about that type of thing....or something else

Events held by the company (24 hour facility) but done to boost staff presence. This place also requires the employees to Study material off the clock. They don't get paid for that.

But at any rate events that are not on the clock should not have to be attended.

 

[blackjack50]

Because of the mess other employers have made of this situation, it is unlikely you will find many employers these days willing to "require" the employee to attend events designed to be off the clock.

This is a large business, but local. Most of the employees are younger and apparently they just got certified for fair labor practices (bs). I don't work for them but everyone I know who has...has been miserable. And this is one of the many complaints.

 

[blackjack50]

If an employer requires you to do anything, it's on the clock. If your boss tells you that there's a company wide bowling tournament and you are required to be there, then you get paid for it.

This place doesn't. It really pisses me off. The guy who owns the place is a real unethical POS.

 

[OrphanSlug]

This is a large business, but local. Most of the employees are younger and apparently they just got certified for fair labor practices (bs). I don't work for them but everyone I know who has...has been miserable. And this is one of the many complaints.

Unsure about Florida, but here in Georgia there are almost non-stop advertisements for law firms going after employers for various labor practices.

 

[soot]

This place also requires the employees to Study material off the clock. They don't get paid for that.

I think that kind of professional development type stuff is different than being required to attend a party or show up to an event as a show of force type thing.

If an employer requires you to get or maintain a certification, or pass a test, or maintain a general knowledge of something that requires studying, then the studying is on you.

 

[blackjack50]

I think that kind of professional development type stuff is different than being required to attend a party or show up to an event as a show of force type thing.

If an employer requires you to get or maintain a certification, or pass a test, or maintain a general knowledge of something that requires studying, then the studying is on you.

This place does not. No certs of that nature. This is just business oriented crap for them. And this stuff you are required to attend isn't for you. It is for the company.

 

[ocean515]

If an employer requires you to attend job related events during off times...would you consider that to be requiring an employee to be working off the clock? Just an interesting question because that would make it illegal correct? This is for an hourly worker. Not a salaried employee

An hourly employee cannot be required to do something off the clock without being paid, or otherwise compensated. The time spent doing so could be accrued and later used at the employee discretion for time off with pay.

 

[poweRob]

This place doesn't. It really pisses me off. The guy who owns the place is a real unethical POS.

So was Sam's Club when I worked for them. The managers were really underhanded in getting you to work off the clock and if I weren't so young at the time I would've stood up for myself much better.

Basically they would say,

"If you go over 37.5 hours a week we will write you up." That was the policy right?

So, Friday comes and they'd come to you and say,

Manger: "Get this pile of ___________ done before you go home."
Me: "I'm right at 37.5 hours so do I get to go over?"
Manager: "No."
Me: "So if I don't clock out I get written up and if I don't get this done I get written up?"
Manger: Walks off

Happened all the time. They'd never say, "work off the clock" but they leaned on you like this to do so. And if you were an impressionable young man who actually believes the hard workers rise to the top... you did it off the clock.

 

[gdgyva]

Events held by the company (24 hour facility) but done to boost staff presence. This place also requires the employees to Study material off the clock. They don't get paid for that.

But at any rate events that are not on the clock should not have to be attended.

more specifics would help

but generally, if i require an employee to be someplace....they get paid

there have been exceptions.....but they have been been few and far between

 

[faithful_servant]

This place doesn't. It really pisses me off. The guy who owns the place is a real unethical POS.

Simple solution:
U.S. Department of Labor — Wage and Hour Division (WHD) — State Labor Offices

 

[jimbo]

If an employer requires you to get or maintain a certification, or pass a test, or maintain a general knowledge of something that requires studying, then the studying is on you.

I think you are talking about two different things. If the job entails a certification or license, then the employer may or may not pick up all or part of the tab. An example would be continuing education for license renewal. The employer may give you paid time off to attend the classes, pick up the whole tab, or regard it as your responsibility. Learning the new company catalog or new computer system is probably on the clock.

 

[soot]

I think you are talking about two different things. If the job entails a certification or license, then the employer may or may not pick up all or part of the tab. An example would be continuing education for license renewal. The employer may give you paid time off to attend the classes, pick up the whole tab, or regard it as your responsibility. Learning the new company catalog or new computer system is probably on the clock.

I guess it's just a matter of opinion/perspective.

If I was required to physically be on the business premises for some type of training (such as learning a new computer system) then, sure, I'd expect to be paid.

Any kind of required training that that could be done, or of necessity had to be done, off premises, outside of scheduled business hours, I'd assume that the responsibility for that would be on me.

If the employer paid for the training, or paid me to attend, or paid for my time, I certainly wouldn't turn my nose up at it, but I wouldn't expect it.

 

[blackjack50]

So was Sam's Club when I worked for them. The managers were really underhanded in getting you to work off the clock and if I weren't so young at the time I would've stood up for myself much better.

Basically they would say,

"If you go over 37.5 hours a week we will write you up." That was the policy right?

So, Friday comes and they'd come to you and say,

Manger: "Get this pile of ___________ done before you go home."
Me: "I'm right at 37.5 hours so do I get to go over?"
Manager: "No."
Me: "So if I don't clock out I get written up and if I don't get this done I get written up?"
Manger: Walks off

Happened all the time. They'd never say, "work off the clock" but they leaned on you like this to do so. And if you were an impressionable young man who actually believes the hard workers rise to the top... you did it off the clock.

Hm. I wonder how one proves being off the clock with our BS laws on recording interactions with our employers when asked to do something against the rules or illegal.

 

[blackjack50]

more specifics would help

but generally, if i require an employee to be someplace....they get paid

there have been exceptions.....but they have been been few and far between

One place I worked for required that, but it was part of maintaining certifications so I didn't really count that. This place is where my girlfriend works and it pisses me off.

 

[EMNofSeattle]

An hourly employee cannot be required to do something off the clock without being paid, or otherwise compensated. The time spent doing so could be accrued and later used at the employee discretion for time off with pay.

unless they're private sector, what you're describing sounds like "comp time" which is only permitted as an alternative to overtime for public sector employers. comp time is not an option for private sector.

 

[EMNofSeattle]

So was Sam's Club when I worked for them. The managers were really underhanded in getting you to work off the clock and if I weren't so young at the time I would've stood up for myself much better.

Basically they would say,

"If you go over 37.5 hours a week we will write you up." That was the policy right?

So, Friday comes and they'd come to you and say,

Manger: "Get this pile of ___________ done before you go home."
Me: "I'm right at 37.5 hours so do I get to go over?"
Manager: "No."
Me: "So if I don't clock out I get written up and if I don't get this done I get written up?"
Manger: Walks off

Happened all the time. They'd never say, "work off the clock" but they leaned on you like this to do so. And if you were an impressionable young man who actually believes the hard workers rise to the top... you did it off the clock.

I've never worked off the clock. the first "real job" I had would never make me work off the clock, they would literally say drop everything you're doing the minute it's quitting time and punch out and leave, whatever I didn't finish was next shift's problem.

the place I work now I work so much time, and my employer happily pays me overtime and never asks how I spend it (I'm not stealing time from them of course, but I can legally work 70 hours a week and I've hit that before)

Honestly, I wouldn't try to play rules lawyer with your manager. If they say to finish something, finish it and don't punch out. and write down who asked you to do it. then if they come back later and write you up you have documentation they're telling you to work off the clock. don't let your labor complaint be a "he said she said" the sam's club manager who asks you to do that is probably dumb enough to write you up in a way you have him by the sack, don't tell him what to avoid doing....

 

[poweRob]

I've never worked off the clock. the first "real job" I had would never make me work off the clock, they would literally say drop everything you're doing the minute it's quitting time and punch out and leave, whatever I didn't finish was next shift's problem.

the place I work now I work so much time, and my employer happily pays me overtime and never asks how I spend it (I'm not stealing time from them of course, but I can legally work 70 hours a week and I've hit that before)

Honestly, I wouldn't try to play rules lawyer with your manager. If they say to finish something, finish it and don't punch out. and write down who asked you to do it. then if they come back later and write you up you have documentation they're telling you to work off the clock. don't let your labor complaint be a "he said she said" the sam's club manager who asks you to do that is probably dumb enough to write you up in a way you have him by the sack, don't tell him what to avoid doing....

Yeah, if I'd just of had that kind of thinking when I was in my early 20's. I approached work as a very loyal employee and trusted the bosses to a fault as you can see by my post.

 

[ocean515]

unless they're private sector, what you're describing sounds like "comp time" which is only permitted as an alternative to overtime for public sector employers. comp time is not an option for private sector.

I agree. The DOL does not allow the use of comp time in the private sector like it does in the public sector. However, that doesn't stop employee/employer from working out such agreements when circumstances warrant. Legal? Well, no. Common? Well, yes.