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Androvett Blog

by Robert Tharp at 4:38:32 pm

Off-the-clock work may be tempting in this economy, but it carries risk for employers

In a tight economy, it may not be just retailers who view this Christmas as a make-or-break season. Many salespeople, especially those on commissions, are under intense pressure also. As a result, these workers may be more than willing to skip breaks and work late without being compensated for the extra hours. However, employment attorney Carrie Hoffman of Gardere Wynne Sewell LLP cautions that not keeping an eye on the payroll clock could cost everyone. A federal report on judicial business of the United States courts notes that lawsuits under the labor standards act for misclassification, off-the-clock work and other violations jumped to 7,310 cases in 2007(the most recent year for which data is available) compared with 4,207 the previous year, and more than four times the 1,580 filings in 1995. The numbers for 2008 and 2009 will almost certainly reflect an increase. "It's problematic enough if the employees do it on their own, but worse if it is encouraged," she says. "In a down economy, payroll budgets have been slashed, leaving managers in need of more man-hours than the budget allows. Forcing off-the-clock work is not the answer though. What you may save will come back to cost you in the long run."