Twelve Common Errors in Overtime Pay: Working “Off the Clock”

Kevin D. Fitzpatrick, Jr. : March 10, 2012 1:10 pm 

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours per week. 

Another common problem area: 

7. Working “off the clock” 

Employers sometimes try to avoid paying overtime by forcing employees to clock out but continue to work.  In a recent case, an employer kept “card time” up to 40 hours for each employee and “paper time” for work time over 40 hours and then unlawfully paid the employees at their regular rate for the paper time.  Sometimes employers insist they cannot pay  overtime but thank employees profusely for working for free.  This, too, is a violation of the law 

If you are an employer or an employee and have questions about the Fair Labor Standards Act, call the FLSA experts at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, Charles Bridgers and Kevin Fitzpatrick, at (404) 979-3150 for a free consultation.  For more information, check out our publication,  Are You Entitled to Overtime Pay?