So I need some help re: working off the clock

[WillParkinson]

I work in a hotel doing 3rd shift Room Service. My boss is also one of my best friends (though we do pretty well at separating work and personal lives).

I like to help with projects that are not technically my job. I offer (volunteer) to help him with these projects and he, being not-so-computer-literate always takes me up on my offers.

Fast forward to Monday. The HR director found out that I was doing hotel work while off the clock and she's thrown a minor fit about it. She said that it's illegal and that either of us could be fired for it.

I don't want to cause the HR director any grief, but I enjoy helping my friend on these projects. I've tried searching online for documents to help my case with the HR director (saying that if I'm doing it voluntarily there should be no issues) but have as of yet been unsuccessful in finding anything.

Does anyone have a suggestion? Or should I just accept the fact that I'm not allowed to help my friend?

[WillParkinson]

1. Never mind...

When in doubt simply change your search parameters...

Working Off-The-Clock.
The phrase "working off-the-clock" refers to a situation where a non-exempt employee performs services for his/her employer, but does not record it on his/her time card/sheet. Off-the-clock work is often performed voluntarily by employees either because they are trying to impress their employers with their efficiency (i.e., it will appear they got a lot done in very little time), or because they truly are dedicated workers. This type of off-the-clock work is often performed without the knowledge of the employer. Employers also have been known to require off-the-clock work to avoid overtime and keep within a budget.

Regardless of which type of off-the-clock work is performed, however, it must be compensated. Employers are required to pay employees for all work they perform on behalf of the employer, without exception. Obviously, in the case of off-the-clock work which is being performed without the employer's knowledge, it will be difficult for an employer to disprove any claims that such work was, in fact, performed. One suggestion is to maintain a policy which specifically prohibits off-the-clock work, and subjects offenders to disciplinary action. The presence of such a policy could impact the credibility of an employee who claims he/she worked off-the-clock, i.e., he/she will have to admit violating company policy in order to make such a claim.

In conclusion, the FLSA is an oft-overlooked but omnipresent statute which can have a tremendous impact on an employer's bottom line. We strongly recommend that every employer conduct a thorough audit of its wage/hour practices before the Department of Labor or a plaintiff's attorney does it for you.

[ScreamingMeemie]

2. I am thinking that, if you printed up and signed something saying

you were aware you were volunteering, it should be okay. I can't see where, if they fired you, you wouldn't have a case against them.

[MrCoffee]

3. It's nice of you to want to help, but it's a BIG no-no

The employer that you're trying to help can get in massive amounts of trouble with the state/fed labor departments, even if you agree to "volunteer" to work off the clock.

Best advice: don't work off the clock.