Employment Litigation
Wage and Employment Claims
Employers must pay for work they knew or should have known was performed, regardless of whether it was authorized or recorded. Common categories include pre-shift preparation, post-shift duties, and remote work after hours.
A policy prohibiting unrecorded work is not a defense alone.
Alternative Names:
Unrecorded Work Time|Off the Clock
Why it Matters?
Constructive knowledge is what defeats the policy defense, since an employer that prohibited off-the-clock work while maintaining production expectations requiring it knew or should have known the work occurred. Email and system access logs establish the pattern in remote work claims. Enforcing the policy through discipline for violations, rather than merely publishing it, is what supports the defense.
Frequently Confused with
Related terms
Frequently asked questions
Does a prohibition policy defeat the claim?
What evidence establishes the pattern?
