Information regarding "Off Clock" pitfalls & Policies to combat claims regarding time sheets and time cards.
Indiana Monitored Time Info and Pamphlet - Off Clock Pitfalls
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FAQ
The Fair Labor Standards Act (FLSA) requires that covered non-exempt employees receive at least the minimum wage and at least one and one-half times their regular rates of pay for hours worked over 40 in a workweek.
If you're aged 18 or over and work for more than 6 hours a day, you're entitled to: an uninterrupted rest break of at least 20 minutes, taken during the day rather than at the beginning or end (eg tea or lunch break) 11 hours rest in a row between each working day.
The FLSA requires the employer to pay their employees for all hours worked, even if the timecard doesn't reflect those hours. To look at a at a practical case, if an employee forgets to clock in and still works a full day, the company must adjust the employee's hours, and pay them accordingly.
A: Indiana state law does not require employers to provide rest breaks or meal breaks.
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.
An employee need not be allowed to leave the work site during a meal break, as long as the employee doesn't have to do any work. Ordinarily, a meal break is "bona fide" if it lasts for at least 30 minutes, although shorter breaks may also qualify, depending on the circumstances.
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. And with today's growing mobile workforce and easy access to the internet, time theft is an even bigger issue for employers today.
Your employer violates federal and state wage laws by asking you to work off the clock. Taking calls or answering emails from home or outside of normal working hours while you are not clocked in is actually working time for which your employer must pay you.
It's your responsibility to ensure that employees aren't working off the clock and that it doesn't negatively impact your business.. You can stop employees by setting clear policies, training supervisors, limiting access to technology and helping them adhere to their schedules.
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