FMLA leave, document shredding, unauthorized work hours

HR Magazine, August, 2005 by Dyane Holt, Saundra Jackson, Naomi Cossack

Furthermore, Section 785.13 of the regulations clearly states that "in all such cases, it is the duty of the management to exercise its control and see that the work is not performed if [management] does not want it to be performed. [Management] cannot sit back and accept the benefits [of the work performed] without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so."

As the above regulatory language indicates, even a clearly communicated policy prohibiting unauthorized overtime does not relieve an employer from its legal obligation to pay employees for all hours worked. Therefore, if the employer allows the employee to perform the work, the employer is liable for compensating the employee.

However, the FLSA does not prohibit employers from implementing a policy or enforcing an existing policy that prohibits unauthorized work, and it does not prohibit employers from disciplining employees for violating the policy.

Employers wishing to avoid the legal liability of paying for unauthorized overtime can actively discourage employees from working extra hours by designing, implementing and enforcing a clearly communicated policy as well as by providing managers and supervisors with appropriate training to better prepare them to enforce the policy in a consistent manner.

--NC

DYANE HOLT, SPHR, AND SAUNDRA JACKSON ARE INFORMATION SPECIALISTS IN THE SHRM INFORMATION CENTER. NAOMI COSSACK IS MANAGER OF ONLINE CONTENT FOR THE CENTER.

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