Editor’s Note: This sponsored column is written by Mathew B. Tully of Tully Rinckey PLLC, an Arlington firm that specializes in federal employment and labor law, security clearance proceedings, and military law.
Q. I’m swamped at the office and often work 12-hour days. My employer says I’m not allowed to work overtime, so I end up working off the clock. Can I collect overtime for this off the clock work?
A. Employers cannot prohibit overtime and knowingly benefit from it without compensating employees for such work. The figure of speech, “You cannot have your cake and eat it, too,” certainly applies to such situations.
The Fair Labor Standards Act (FLSA) requires employers to pay employees not exempt from the law overtime at a rate of at least time-and-a-half for hours worked over 40 hours during a work week. Exempt employees include certain executive, administrative, professional and outside sales employees, among others.
The fact that an employee was not ordered to stay after hours and voluntarily worked off the clock to complete certain tasks does not automatically disqualify him or her for overtime. “Work not requested but suffered or permitted is work time… The reason is immaterial. The employer knows or has reason to believe that he is continuing to work and the time is working time,” federal regulation states.
As this regulation suggests, employer knowledge is important to FLSA overtime claims. Knowledge that an employee is working off the clock makes the employer obligated to provide compensation for such work, the U.S. District Court for the Eastern District of Virginia noted in Truslow v. Spotsylvania County Sheriff (1992).
Employers’ refusal to authorize overtime does not necessarily make them immune to FLSA overtime claims. Employers should not close their eyes to the off-the-clock work performed by employees and expect these refusals to save them in court.
As the Eastern District Court noted in Truslow, employers must act to stop any unwanted overtime work they know, or should know, is being performed. An employer cannot “stand idly by and allow an employee to perform overtime work without proper compensation, even if the employee does not make a claim for the overtime compensation.”
This knowledge requirement could be satisfied if the employer observed the employee working overtime or was told he or she was working overtime. Additionally, an employer could have constructive knowledge of overtime work performed in situations where a “plaintiff’s job required the task that took up the overtime hours and plaintiff had not been prohibited from working the extra time,” the Eastern District Court said in Gonzales v. McNeil Technologies, Inc. (2007).
Employees who believe they are not being compensated for overtime hours worked off-the-clock should consult with an experienced employment law attorney who can prepare an FLSA lawsuit. An attorney can help the employee calculate how much overtime compensation he or she should receive and show that the employee knew or should have known such overtime work was being performed.
Mathew B. Tully is the founding partner of Tully Rinckey PLLC. Located in Arlington, Va. and Washington, D.C., Tully Rinckey PLLC’s attorneys practice federal employment law, military law, and security clearance representation. To speak with an attorney, call 703-525-4700 or to learn more visit fedattorney.com.
The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.
A new coalition will tackle how Arlington nonprofits and county government distribute food and support people who are food insecure. The group held its kick-off meeting at Central Library last…
A Lunar New Year celebration is coming to the Pentagon City mall this weekend. On Saturday, Feb. 4, the Fashion Centre at Pentagon City is partnering with Asian American Chamber…
Arlington County police are investigating two separate incidents of gunfire overnight. The first happened in the Green Valley neighborhood, where shots were fired shortly after 10:30 p.m. and police found…
A small business “boot camp” from Arlington Economic Development attracted hopeful entrepreneurs needing help with finances, marketing and their online presence.
Need help dealing with anxiety, depression or stress?
If you’re struggling to cope with anxiety, depression or stress, our virtual psychotherapy services can help. We offer a confidential and convenient service that’s tailored to your needs.
In our practice, cognitive behavioral therapy (or CBT) is an important tool we use to provide effective relief for those facing anxiety and depression. We believe that cognitive change can be used to improve behaviors and emotions, thus allowing you to achieve mental wellness. By understanding the cognitive distortions that lead to negative thought patterns, we are able to create interventions tailored to each of our clients. This empowering approach can help you gain control of how your own thoughts, beliefs, and behaviors impact your experience. With CBT, our service provides an effective treatment that can bring long-term change and mental stability.
Book a free consultation today and see how we can help you live a happier and healthier life.
St. Charles offers a play-based curriculum in a welcoming, Christ-centered environment.
Our program focuses on socio-emotional development and kindergarten readiness through hands-on and engaging activities. Our programs offer different schedules ranging from 7:30 am-5:30 pm for students, ages 2-5. We feature a full-day Jr. kindergarten class for older 4’s/5’s. Our facility includes a full-sized gymnasium, school chapel, and library. All of our students enjoy music and physical education weekly. Children have an opportunity to participate in enrichment classes such as soccer, basketball, ballet, and science.
We offer Summer Camp with weekly themes and twice a week water play, including Fun Friday moon bounce. Please join us for our Open House Feb. 3 at 9:30 am and 11:00 am. Click here to sign-up.
For more information or to schedule a tour, visit us at www.stcharlesarlington.org or call (703) 527-0608.
Just in time for Valentine’s Day, join us for a series of vignettes that revolve around the theme of love. Taking place in an almost-town called Almost, Maine, we will show you different, but important, facet of love in each