Information regarding "Off Clock" pitfalls & Policies to combat claims regarding time sheets and time cards.
North Carolina Monitored Time Info and Pamphlet - Off Clock Pitfalls
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FAQ
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.
There are no rules for reporting time and show-up pay in North Carolina, which means your employer does not have to pay you for this time. However, there may be some situations where these employees do actually engage in work-related activities without receiving compensation.
An employer must pay an employee at least the minimum wage (currently $7.25 an hour under both North Carolina and federal labor laws) or pay the employee the promised rate of pay, whichever is greater, and pay time and one-half overtime pay based on the employee's regular rate of pay for all hours worked in excess of
Sometimes Texas employers require or encourage workers to do work off the clock. This is work that isn't compensated and isn't tallied as part of your weekly hours when calculating overtime. Off-the-clock work may be illegal.
North Carolina's Overtime Minimum Wage Time and one-half must be paid after 40 hours of work in any one workweek, except after 45 hours at seasonal recreational and amusement establishments.
Whether the employer is overlooking or encouraging off-the-clock work, it is illegal, explains Dena. Employees can file a complaint with the Department of Labor or a lawsuit for unpaid wages under the FLSA. Not only can the employee recover unpaid wages going back up to 3 years, but also 'liquidated damages.
Under California labor law, an employer can't force you to work off-the-clock. That's illegal. All time you spend working must be paid. That's true even if your employer didn't authorize the extra time.
Currently the minimum wage in North Carolina is $7.25 an hour. But this is all an employer must pay its employees by statute pursuant to the North Carolina Wage and Hour Act (WHA). An employer is not required to pay its employees more in wages than is required by the minimum wage and overtime pay provisions.
According to the Fair Labor Standards Act (FLSA), yes, it is illegal for most employees to work off the clock.
A. "Reporting time pay is a form of wages that compensate employees who are scheduled to report to work but who are not put to work or furnished with less than half of their usual or scheduled day's work because of inadequate scheduling or lack of proper notice by the employer.
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