Fighting For Workers In Pay Disputes Since 1987

Why it is serious if employers ask you to work after clocking out

On Behalf of | Jun 6, 2024 | Wage & Hour Laws

In Illinois, employers might sometimes ask employees to do “just a little work” after they clock out. This can seem harmless.

However, this practice is problematic and violates labor laws.

Employers trying to save money

Employers may ask employees to perform small tasks after clocking out to save money. By doing this, employers avoid paying for the extra time employees spend working. This can include tasks such as finishing up paperwork, cleaning up the workspace or sending a few emails.

However, these tasks still take up employees’ time and should be compensated accordingly. When employees work without pay, it benefits the employer financially at the expense of the employees’ rights and wages. The same idea applies to employers who ask employees to work before clocking in for a shift.

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay and other employment standards. According to the FLSA, employers must pay employees for all hours worked. This includes any work done before or after the official clock-in and clock-out times. Even if the task seems minor or quick, it is still work and must be compensated.

Illinois Wage Payment and Collection Act

Illinois has its own set of labor laws to protect employees. The Illinois Wage Payment and Collection Act (IWPCA) requires employers to pay employees for all time worked, including any work performed before or after their shift.

Asking employees to do even a little bit of work after clocking out is against the law. The IWPCA ensures payment for employees every minute they work, helping to prevent exploitation and ensure fair treatment.

Employees subject to illegal practices can seek compensation. Violating labor laws can lead to fines, penalties and even legal action.