Do employees get paid when they work off the clock after the end of their scheduled shift? What are Ohio's overtime laws? What if an employee answers emails or text messages after work? Do companies or employers have to pay employees for answering emails or text messages at home? Do employers or companies have to pay for de minimis work time? Do you have to pay exempt (salary) employees for working from home? Do you have to pay non-exempt employees for working from home? Do companies have to pay overtime for working from home? These questions are answered by the federal Fair Labor Standards Act, which requires that non-exempt employees be paid at least minimum wage (and possibly overtime) for all hours worked, regardless of where and when those hours are worked. Answers to these questions and many others at the federal level are contained in this week’s episode of Employment Law After Hours. Always remember to check specific state laws regarding employee payments in your state.
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00:00 - Intro
00:30 - Working After a Scheduled Shift Ends
01:08 - Is the Employee Exempt or Non-Exempt
01:33 - Are the tasks performed “hours worked” under the FLSA?
02:50 - Is the employer aware that the employee is working after hours or off the clock?
03:13 - What does not constitute “hours worked” under the FLSA?
04:13 - How do courts analyze “de minimis” hours under the FLSA?
04:45 - How does overtime factor into the analysis?
05:09 - Do exempt employees get paid for working from home after hours or off-the-clock?
05:30 - How do you prevent employees from working “off the clock” or after hours?
06:14 - What is coming next time?
Obligatory Disclaimer:
☞This video is made for informational and advertisement purposes only and does not convey any legal advice to you or your specific circumstances, situations, or issues. The information presented in this video is subject to change at any time. This video and interaction through the comments or direct messages do not create an attorney-client relationship. Viewers should not act upon the information contained in this video without first seeking specific legal advice from a retained attorney in the viewers’ state/jurisdiction.
Brennan, Manna & Diamond, LLC (BMD) is a multi-practice law firm with offices in Ohio, Florida, and Arizona and has attorneys licensed in numerous states around the country. The addresses for BMD’s locations are here: [ Ссылка ] Bryan Meek and Monica Andress are licensed attorneys in Ohio, and they practice employment law, primarily representing companies and employers.
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