In some facilities, if you raise a fuss about it, you will be fired. It is the privilege and responsibility of the employer to "control the work" of its employees. Off-the-clock work is often performed voluntarily by employees either because they are trying to impress their employers with their efficiency (i.e., it will appear they got a lot done in very little time), or because they truly are dedicated workers. Violating this law can result in a penalty for the employer. Or she does assist, and gets in trouble. Managent doesn't want to hear how it was the shift from hell- that is why they are in management- too get away from the crazy bedside. It leaves administrative staff at healthcare facilities under the impression that a massive workload can actually be completed during the course of an 8 or 12-hour shift. The statute of limitations is customarily two (2) years, yet employers are liable three (3) years for intentional violation of FLSA wage and hour laws. Exempt employees on the other hand, are not eligible to get overtime pay. Returning work-related phone calls at home after the shift has ended. Oct 15, 2015. The law requires payment for "all hours worked," and overtime pay for "all hours worked" in excess of a 40-hour workweek. And permitted refers to hours that an employee works voluntarily, but the employer has knowledge that the employee is doing so, and doesnt stop the employee. 1-612-816-8773. Some examples of off-the-clock work which courts have deemed compensable include: Founding partner of Gibbs Law Group LLP, Eric Gibbs has been selected for the peer-reviewed list of Best Lawyers every year since 2012. If you have a child or someone in your family needs longer-term care, you can rest assured your job will be waiting for you when you return. [CDATA[/* >