“Off the Clock” FLSA Claims
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
Wage and hour claims under the Fair Labor Standards Act often involve “off the clock” work. While an employer may try to defend an FLSA lawsuit by claiming that it didn’t know the employee was working longer hours, that defense may not help the employer: Under the FLSA, an employer is liable for “permitting” an employee to work, and an employee can prove a case by showing that the employer knew or should have known the employee was working longer hours. But, an employer can take steps to protect itself from these claims. Dallas FLSA attorney Keith Clouse explains.
1. Enact an employment policy that requires employees to report all hours worked, and state that employees will be paid for all hours worked. Communicate this policy to all employees. Require employees to abide by the policy, and address the matter immediately if an employee fails to follow the policy. 2. Do not require (or allow) employees to conduct work activities outside of regular working hours. For example, do not allow employees to respond to emails remotely or to take business calls after hours. Ensure that managers respect this policy. 3. Ensure that the time-keeping system accurately tracks an employee’s work hours.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about an FLSA matter, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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