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Orlando,
Florida Overtime Lawyer / Attorney
My employer sends
me e-mails and calls me on my cell phone after I
have left work for the day. I also do work at
home on my personal computer. Am I entitled to
be compensated for this time?
(Back to Questions)
Any time that you are working for your employer,
such as while eating lunch, bringing work home,
answering e-mails, pages, telephone calls, etc.,
and your employer knows it, you are entitled to
be paid for that time. If those work hours push
you over 40 hours per week, then you are also
entitled to overtime pay at time-and-a-half for
those extra hours.
Many FLSA lawsuits have involved employers
failing to include time spent by employees
performing work activities outside of their
normal shifts. Some employees, for example, may
"come early" and start working before the
official start time of their shifts. Such time
counts as work time and must be included in FLSA
pay computations, provided only that the
employer knew or should have known that the
employee was beginning work early (and, of
course, to the extent that the employee spent
pre-shift time actually performing work
activities). Pre-shift "roll calls" are work
time. Time spent setting up equipment before the
official start time of a shift is work time.
Some employees may similarly "stay late" after
shifts performing work; this time must be
counted as work time, as well.
Time spent by an employee cleaning equipment
after the close of a shift is work time.
Post-shift work time could also include time
spent by an employee performing job-related
activities "on the way home," as for example, a
secretary who drops off the day's mail at the
post office or delivers some paperwork to a
customer or supplier. Some employees take work
home. That time may well be work time.
Similarly, if an employee is contacted at home
by telephone for work-related reasons, the time
spent is work time (and, of course, if an
employee is "called back" to work, the time
counts as work time.
(Back to Questions)
For a confidential
consultation regarding potential employment
dispute cases, contact the Law Office of N. James
Turner, Esq., P.A. at
(407) 422-6464 or email
us by utilizing our confidential
submission form.
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