FLSA Definition of “Employ”
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
Many employers who are confronted with wage and hour claims immediately respond by saying, “But I didn’t even know he was working those hours!” While this seems like a valid defense, unfortunately, it is rarely successful without more support.
The Fair Labor Standards Act defines the term "employ" to include the words "suffer or permit to work." Therefore, an employee covered by the FLSA who spends time doing work not requested by the employer—although still allowed by the employer—should be compensated for his time. Dallas FLSA attorney Keith Clouse provides examples: • An employee is close to finishing an important report at the end of her workday. She stays late to finish. • An employee takes work home to complete it in the evening. • An employee logs in remotely to respond to emails while on vacation. • An employee is at her child’s school play when a client calls her on her cell phone, and she takes the call.
Accepting the benefits of an employee’s work without compensating the employee puts an employer at risk of being held liable under the FLSA. Therefore, an employer must exercise control over its employees to ensure that employees do not work overtime hours without the employer’s approval.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a Fair Labor Standards Act issue, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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