Information regarding "Off Clock" pitfalls & Policies to combat claims regarding time sheets and time cards.
Washington Monitored Time Info and Pamphlet - Off Clock Pitfalls
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Many employees want to know: can an employer make you work off-the-clock in California? The answer is: no. It's never legal for an employer to make a non-exempt California employee do off-the-clock work.
Yes, your employer may call you on day off.
It means that though no strict law says that you cannot be contacted outside hours, switching off and not answering emails outside of working hours should not be frowned upon.
What is time theft? Time theft, time and attendance fraud, or time card fraud, are all terms that describe the same general conduct: receiving pay for hours not actually worked or tasks not actually completed. These are not themselves federal crimes, and there are no specific time theft laws.
For most employees, there are no state requirements regulating how and when they are scheduled. An employer has the right to change an employee's schedule at any time, with or without notice.
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.
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.
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.
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.
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