Can I be required to plan and clean up off the clock if I am hourly?

UPDATED: Oct 2, 2022

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Can I be required to plan and clean up off the clock if I am hourly?

I teach classes for a non-profit arts organization. They pay hourly but have
told me planning time to prepare for the class and cleaning up after the class
are a ‘give in’ and are not clocked. I am only allowed to be on the clock when I
am face to face with students. Is this legal? We’re in Kansas. Thanks in
advance for your answer.

Asked on October 28, 2019 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal. Hourly employees must be paid for ALL time they work, and cannot be forced to do any work, including preparation, planning, or clean-up, for free or "off the clock." They are violating the labor laws; you could file a wage and hour complaint with the dept. of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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