Remote work sparks more off-the-clock claims.

Employers often (wisely) tell hourly workers not to work unscheduled overtime, not to work during meal breaks and to avoid other off-the-clock work. But frontline managers may send mixed messages by suggesting workers need to go "the extra mile" to achieve productivity goals.

The consequences are predictable: a Fair Labor Standards Act lawsuit in which workers claim they had no choice but to work off the clock to meet expectations and keep their jobs. This is becoming an especially big problem with remote employees because it's hard to see when they're working extra hours or taking their scheduled breaks.

Advice: Make clear to hourly staff to not work unscheduled overtime and during unpaid breaks. Encourage managers to monitor this point. If employees break those company rules, don't use monetary punishments, but follow your typical discipline policy. Finally, make clear that supervisors should never explicitly tell employees to work off the clock.

Recent case: Marc, a nonexempt hourly claims adjuster for an insurance...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT