accurately report all hours worked, the employer does not have a responsibility to inquire whether an employee has worked unreported hours if the employer has no reason to believe the employee may be working unreported hours. However, a reporting process does not constitute reasonable diligence if the employer “prevents or discourages” an employee from accurately reporting hours worked. Employers should have clear, written policies setting forth their timekeeping requirements, particularly for employees working out of the office. It can also be helpful to have employees sign an acknowledgment of these requirements, and employers may want employees to sign an acknowledgement of timekeeping requirements separate from a general handbook or other policy acknowledgment to show that the employee knew specifically about timekeeping requirements. Employers should also ensure that they are uniformly enforcing these policies for all nonexempt employees. Employees who do not comply with timekeeping requirements should be
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TRUST THE LEADERS 2.0 | Volume 4 | SGRLAW.com
disciplined in accordance with employer policy.
I have a non-exempt employee working overtime without my permission. Do I have to pay the employee for those hours? As explained above, employers must pay their non-exempt employees for all hours worked. This requirement includes paying employees for hours worked that the employer knows about, even if the hours are worked without the employer’s permission. For example, if an employer knows or has reason to believe that an employee is responding to work emails after hours, the employer must pay the employee for the time so spent. The requirement to pay employees for all hours worked, even hours worked without permission, does not mean that employees cannot face consequences for working hours without permission. Employees can, and likely should, receive discipline for unauthorized work. Disciplining employees who work hours without permission shows that the employer takes paying
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