Can owner make employee work off the clock?

Can an owner make an employee stay and finish work after he has clocked out for the day? Also, can an owner require an employee to attend mandatory meetings without being paid for it?

Steve Duggan replies:

The answer is very clearly “no”, to both questions. These requirements violate both the Fair Labor Standards Act as well as most states’ wage and hour laws. These types of actions have also been the subject of a lot of lawsuits over the past few years, and always result in huge losses to the employer. You mention that the employee in question is mentally disabled and is being taken advantage of. I would advise that he consult with a local employment attorney about his rights.

Posted 05-11-2016

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.