Aren’t employees to be paid for all time spent performing work for their employer?

UPDATED: Jul 27, 2011

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Aren’t employees to be paid for all time spent performing work for their employer?

My company says we have to clock out to perform duties for the company that are not in the store. Doing bank deposits, customer service, measures in the customer’s house. They made the store managers of each flooring store sign a paper saying they have to go and do pre-measures in the customer’s homes off the clock. If the customer does not purchase the manager does not get reimbursed for time spent in the home. Is this legal? Also, if I was called down to corporate office for a conference or meeting then they require us to clock out and not pay us our hourly wage.

Asked on July 27, 2011 Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A non-exempt employee is to be compensated for all work time, however there is no upper limit on how many hours a company can require an "exempt" employee to work (and without overtime).

Typically professionals, adminstrators and/or managers are considered to be exempt employees. In determining whether or not an employee is "non-exempt" (that means if they are protected under certain federal labor laws), a mere label in not enough. In other words someone who is called a "manager" is not necessarily exempt.  Typically an exempt employee is: paid a salary; primarily performs on-site office duties and/or non-manual work duties; does not participate in sales or production, etc.

Based on the limited facts presented, you may well be a non-exempt employee. If this is found to be the case, you must be compensated for all time that you work (there is no "off the clock"). Additionally, for any hours you work over 40 you must be paid at the federally mandated 1 1/2 times your hourly rate. If you are not being properly paid, then you can contact your state department of labor, or contact an employment law attorney for help.



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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