Off the Clock Work Under the Fair Labor Standards Act

Employee Recovery for Off the Clock Work Despite a Contrary Company Policy

In the off the clock work case of Bailey v. Titlemax of Ga., Inc., 776 F.3d 797 (11th Cir. Ga. 2015), the Eleventh Circuit decided a case that has important implications for whether an employee may recover under the Fair Labor Standards Act for unpaid overtime where the employee was “acquiescing” in working off the clock.

The Eleventh Circuit found that the supervisor was aware that the employee was working off the clock and the supervisor’s knowledge was imputed to the employer for the off the clock work. This was so, even though the company had a policy which prohibited off the clock work and even though the employee was aware of this policy. This important case essentially held that an employer cannot assert that an employee has unclean hands because the employee did not report all the hours he worked, although there was a company policy that said the employee was required to do so and which prohibited off the clock work. The important point to take away from this case is that if an employee is working off the clock, and the supervisor knows or should have known, then the employer is liable for the unpaid overtime.

Visit www.toledounionattorney.com to learn more about your rights under the Fair Labor Standards Act.