After Hours Non-Work Activites Disclosure
I am a non-exempt employee in Hawaii. Can my employer require me to disclose all my non-work hours and weekend activities so that they can see if times are available to schedule workshops or seminars to fit in available times? It does seem wrong.
Let’s consider the alternative. The employer could simply schedule workshops and seminars at their convenience, and require that you show up. You could be reprimanded or terminated for not attending – even if you are scheduled to be best man in your cousin’s wedding that weekend. So the employer is actually being very considerate by asking you what days and weekends you have plans for.
It would be illegal under both state and federal law if the employer required you to disclose information on your social, fraternal or religious activities that could be the basis for discrimination. So, for example, you might want to tell the employer that you are busy on Saturday or Sunday mornings, but not that you are attending synagogue or church at those times. How you are spending the time is not really the employer’s concern. The best recommendation: provide the employer with a list of all the times you “have plans” or are unavailable for work – without specifying what you are doing at those times.
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