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  1. #1
    jessica292 is offline Junior Member
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    Is it Illegal to voluntarily work off the clock?

    FLORIDA,

    I recently have gotten into trouble because I voluntarily work off the clock due to transportation issues. Is it it illegal to want to work off the clock or legal? As well could I be terminated if I am working off the clock? Or just get a warining.What is the name of your state (only U.S. law)?
  2. #2
    Ozark_Sophist is offline Senior Member
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    Are you paid for working off the clock?
  3. #3
    cbg
    cbg is offline Senior Member
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    Is it it illegal to want to work off the clock or legal? It is illegal for you to work off the clock without being paid. Since your employer is not only the one who has to pay you, but who is the one who will pay any fines if you are not paid for all the time you work, the employer gets to say what hours you work. You do not get to decide to work additional hours without your employer's approval.

    Is is illegal to WANT to work off the clock? No. You can WANT to do anything you like. But it is illegal to work off the clock without being paid, and while not illegal, it is nonetheless a termination offense to work without authorization.

    As well could I be terminated if I am working off the clock? Or just get a warining. Either could happen. Either would be legal. It will be up to the employer how much of a statement they want to make.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  4. #4
    Betty is offline Senior Member
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    If you are a non-exempt employee, you must be paid for all time/hrs. worked including overtime hrs. if any. However, you can be disciplined up to & including termination for working off the clock. You work whatever hours your employer tells you to unless you have a binding employment contract to the contrary.
  5. #5
    ecmst12 is online now Senior Member
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    To clarify, your EMPLOYER is breaking the law if there is time that you work which they do not pay you for (not you). That obligation is theirs, to make sure that they pay you for all time worked. They can also run into issues with workers comp and other things if you are not "clocked in" during time that you are working, but whether you are officially on the clock or not, they still have to pay you if you work.

    Separately, they decide your schedule, not you. If they declare that you will work during these times and no other times, even if you miss time for one reason or another you are not permitted to make it up without prior permission, then that is your schedule and if you violate policy, you can be disciplined or terminated.

    Even if that's not the case, given the amount of trouble they can get into if they are aware that you are clocking out but continuing to work, they can and certainly should forbid it, and discipline or terminate you if you continue to do it. THEY are the ones looking at fines and penalties if the state gets involved for non-payment issues.
  6. #6
    Beth3 is offline Senior Member
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    Quote Originally Posted by jessica292 View Post
    FLORIDA,

    I recently have gotten into trouble because I voluntarily work off the clock due to transportation issues. Is it it illegal to want to work off the clock or legal? As well could I be terminated if I am working off the clock? Or just get a warining.What is the name of your state (only U.S. law)?
    Do not work off the clock. Period. If you have to hang out at work waiting for your ride to arrive, bring a book to read.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  7. #7
    Betty is offline Senior Member
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    Also, even a salaried exempt employee must work whatever hours their employer tells them to work. However, they just get their regular fixed weekly salary no matter how many hrs. they work per week.

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