Working Off the Clock: Laws Requiring Payment for Work Performed After Shift Ends

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. 🎬Subscribe for the Topics You Need to Know as an Employer: https://www.youtube.com/channel/UCv0-... ✅Follow Us on Instagram:   / lawafterhours   🎧Music Used: https://www.storyblocks.com 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: https://www.bmdllc.com/contact-us/ Bryan Meek and Monica Andress are licensed attorneys in Ohio, and they practice employment law, primarily representing companies and employers. If you are in a state with a BMD location or in which BMD has a licensed attorney and wish to speak with a BMD attorney to discuss possible retainment, you can send us a direct message through YouTube or our Instagram account, or contact us using the link above. Please do not send us confidential information until you speak with one of our attorneys and receive express authorization to send that information to us. Unsolicited information sent to us will not constitute a confidential or privileged communication. Further, use of the comment section below is solely meant for community engagement, networking and interaction among the After Hours Community. Please do not post confidential or privileged information in the comment section.