Don't let non-exempt employees work off the clock

Salaried employees are often expected to check their company email even when they're not in the office. However, non-exempt workers who feel a need to deal with work email off the clock may create issues for their employers.

Hourly employees generally have to be compensated for all hours worked, Natalie Hrubos, a labor attorney, wrote on legal website Lexology. Even if a non-exempt worker hasn't directly been instructed to respond to an email, phone call or other form of communication outside of regular hours, they still usually need to be compensated for performing a work-related activity.

The Fair Labor Standards Act defines working hours as including time that is suffered or permitted to work. Employees who feel they need to respond to an email because it would negatively impact their performance or job security to do nothing are usually required to be paid for this time. Companies need to track and compensate hourly workers for this time, Hrubos said.

Employers don't have to worry about workers who are salaried and exempt from hourly pay requirements, as they aren't eligible for overtime pay.

Employee management software helps track all of a worker's hours, and online timeclocks are a perfect solution for hourly employees working off-site.


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