Sometimes employees stay late or arrive early without clocking in. But, if your employer requires you to work during your break, they have to pay you for it-no matter the length of the break. The time you’re allowed for a paid break lasts from five to 20 minutes.Ī longer break, during which you don’t have to do any work, can be unpaid. However, if you’re non-exempt, and your employer does provide such breaks (and most do), you have to be paid for them-if it’s a short break. Some states do require employers to provide meal and rest breaks in Pennsylvania, that’s true only for farm workers. The law on whether your employer is required to pay you for lunch and rest breaks can be a little convoluted.įederal law doesn’t codify the right to take short breaks. Many employees decide to come to work early to get a head start on things like answering emails or dealing with documentation-and that should also be considered paid, off-the-clock work. Pre- and post-shift duties, answering phone calls or emails at home, or waiting to perform a task might all be considered off-the-clock duties that should be paid. There are many types of off-the-clock work, and it varies depending on your profession. That’s also true for employees who work extra hours without being asked, but with the employer’s approval. But in practice, employers often find ways to categorize employees as exempt so they don’t have to pay overtime.Īccording to the FLSA, all non-exempt employees asked to work off the clock need to be paid overtime. When you’re exempt, there is no “off the clock” for FLSA purposes.Įxempt employees are supposed to be only executive, administrative, and professional workers in industries where commission-based contracts are the norm-as well as certain farm workers. The FLSA overtime pay rules only apply to non-exempt employees, who are usually paid on an hourly basis.Įxempt employees-meaning those exempt from FLSA overtime rules-are salaried employees who get paid a set amount per year, regardless of the number of hours worked. There are a few nuances to consider, though. If you’re being asked to work “off the clock”-or outside your regular workday-without being appropriately compensated, that may be against FLSA rules. The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid overtime if they work more than 40 hours per week. If you’re a non-exempt employee, it may be something illegal. But when you get paid, it’s the same amount as always. You agree, expecting a nice bump in your paycheck. Your boss keeps you late on the job-or asks you to work during your lunch break. If You’re Non-Exempt, It’s Probably Illegal
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