Legal Question in Employment Law in Ohio

Encouraged to work off the clock

A manager has encouraged employees to come in early and work late but will only pay you from 8-5 even though you may be working 9 or 10 hours. Also manager has stated that you will only be paid from 8-5 and you sign your time sheet stating this is correct. the manager also signs the time sheet - isn't encouraging employees to work for free leave the company at a liability? and also isn't the manager at risk because the manager knows it and is encouraging it? Doesn't this also constitute time sheet fraud? which in our company is immediate termination. Any answer would be greatly appreciated.


Asked on 1/04/05, 10:33 am

1 Answer from Attorneys
Neil Klingshirn Fortney & Klingshirn

Re: Encouraged to work off the clock

You should keep careful record of all of you hours worked. You are entitled to pay for all of those hours, despite the manager's claim that you are limited to pay for 9-5. In addition, if you are working over 40 hours in a week, you are entitled to overtime compensation. It is no defense to an employer to have a policy prohibiting overtime work while actually requiring its employees to work the overtime.

Best regards,

Neil.

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Answered on 1/04/05, 10:44 am


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