Sidney Kalban - Union Counsel

KNOW YOUR RIGHTS
By Sidney H. Kalban
Union Counsel

Never Work Off The Clock

In a column several years ago, I wrote about the problem of managers requiring employees to work while off the clock -in other words, to work for free. Unfortunately, I have recently been hearing from more and more ITPE members around the country that this is, once again, a problem. It was even a central topic during a recent arbitration. The Company had fired a worker because she had worked - off the clock - during her lunch break and after the end of her shift. However, because the Arbitrator found that she was told by her manager to work off the clock, he ordered her reinstated with full backpay, benefits and seniority.

Please remember that it is a basic right for all workers to be paid for your labor. You work too hard not to receive your proper wages. Most of the employers of ITPE-represented workers are fair and honest; and would never think of having their employees work without being paid. However, there are instances when, with full knowledge of managers and sometimes at their insistence, people are working outside their scheduled hours and not being paid for their time. Under federal law, an employer must pay you for all time you are working at its request or with its knowledge. You should never work while off the clock.

One typical situation of working off the clock occurs at the end of your scheduled shift. Your manager may have told you that she wanted certain work to be completed before you go home, but despite your efforts, you were not able to do all the assigned tasks in the normal hours. This occurs frequently at locations where management is reducing your hours or the number of workers but expecting the same amount of work to be done. I have heard about some managers who tell employees in such a situation to clock out and then finish their work. That’s what happened in the case which went to arbitration. Others might not make a direct request but have made it clear that you are to complete the tasks before you leave, hinting that you will be reprimanded if you leave anything undone. In either case, you should not work while off the clock. You should tell your manager what you have been able to complete and what remains to be done. You should then ask whether the manager wishes you to remain and complete your duties. If the answer is yes, you should remain on paid time. If the answer is no, go home. If the manager tells you to clock out but complete the work anyway, request that the manager make that request in writing or have that direction repeated in front of a reliable witness. In any event, comply with the direction to perform the work, inform your ITPE Representative immediately and file a grievance for the wages due for the time you actually worked.

Another typical situation is that there is so much work which has to be done, you do not feel you have time to take your (unpaid) lunch period and you work through that time. Again, you should advise the manager and receive approval to remain on the clock. If the manager tells you to clock out but requires the work to be performed during your lunch period anyway, have that order placed in writing or have a reliable witness present. In any event, immediately inform your ITPE Representative and file a grievance. Similarly, if you are not permitted to leave your work area for your meal break or you are not provided at least 30 uninterrupted minutes for your meal, the law requires your employer to pay you for that time. Further, if you work through your paid breaks, you are entitled to breaks at other times during the workday or to be paid for that additional time worked.

You must keep good records of all time you are required to work off the clock. This includes dates and times you perform such work and the name of any witness to the manager’s request or of witnesses who can confirm that someone in management was aware you worked outside your paid time or through your break.

PLEASE NOTE that your employer cannot legally take any action against you for making a complaint about not being paid for all of your work. Both federal law and your Collective Bargaining Agreement protect you. In addition, the top officers of your employer would not want you to work without being paid. They would not only get into trouble with the U.S. Department of Labor, they could have serious problems with the procurement office for working employees off the clock.

I hope that you never are in a situation where this problem arises; but if you are, now you KNOW YOUR RIGHTS.

More information available on this website related to Know Your Rights:

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