Off-the-clock work claims have
arisen in “white collar” settings as well. The potential for such claims may be greater in the white collar setting. It is not uncommon for employees to receive and respond to e-mails or texts after they have left work, sometimes well into the evening and on weekends. No issue exists where exempt employees engage in such activity. However, when non- exempt employees do so after or before working hours, it is compensable time. This type of unpaid compensable time can lead to backpay owed going back two or three years. Particularly with the constant access to email through cell phones, this activity may take some effort to control.
One measure to consider to limit off-the-clock claims is posting a clear
policy that off-the-clock work
is prohibited and overtime requires preapproval from a supervisor. While an employer would still be obligated to pay
It is not clear when employers may begin to see the aggressive enforcement of workplace laws from the Biden
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to
client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
an employee who violates this policy, it could discipline the employee for the violation.
administration. However, by taking the time now to carefully review pay practices and related procedures, employers may be able to avoid at least those wage and hour violations that are the most frequent to arise.
October 2021 ❘ 53 ®
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