Legal Question in Employment Law in Illinois

I have an issue at work. There is an employee that will clock out at the end of their scheduled shift and than continues to keep working. I know according to the Fair Labor Standards Act that employees must be paid for all the work they do and if they are not the employee has the right to sue for those wages that was not paid. I have told my supervisor this is illegal and they don't seem to mind because the employee is doing it voluntarily. Does it matter it the employee is working off the clock voluntarily? I am concerned about potential lawsuits this could leave us open to if this employee keeps doing this. I am also concerned if this person were to get injured on the job and it was while she is working off the clock I believe the insurance wouldn't cover it and the owner would be held liable to pay for their medical bills. I live in Illinois if that helps.

Asked on 6/27/13, 3:23 pm

Stephen Messutta

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0 attorneys agreed

Why haven't you spoken to the employee? The workman's compensation issue is a real one.

Answered on 7/03/13, 11:59 am

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