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And Another Thing...

My staff comes in early, without being asked, and starts their work.  They do not expect to get paid for this but want to start work early in order to catch up or get a jump on their day, some come in 30 minutes early…should this be allowed?

Great Question, and good job recognizing this issue may get the employer into hot water.

Under FLSA and PA Minimum Wage Law employees must be paid for all time worked in a work day. A "Workday", means the period between the time on any particular day when such employee commences his/her "principal activity" and the time on that day at which he/she ceases such principal activity or activities.  The FLSA definition of a work day may be longer than an employee’s scheduled shift or normal office hours. 

What is being described above appears to be off-the-clock work.  Employees are being permitted to work on their principle duty and are not being paid for all hours worked.   The United States Department of Labor recognizes work off-the-clock as one of the most common violations of the Fair Labor Standards Act.

Click here for more details regarding wage and hour regulations http://www.dol.gov/whd/regs/compliance/whdfs22.pdf

Have a specific scenario you are concerned about? The experts at RC Kelly Law can help you evaluate your risk and offer practical solutions.  215-896-3846 help@rckelly.com

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