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Work for Day Off

If we have hourly employees that get their 40 hours in from Mon -Thurs and normally have off on Fridays, can we make them come in on their own time without pay to clean their Company assigned vehicle as per the handbook policy? We want to implement checking their vehicle each week and if it is not cleaned, give them a “violation ticket”. Once they receive 3 of these, they will be told to get the vehicle cleaned before Monday morning and if this means giving up their day off, it will be an incentive to keep it cleaned in the future. Can we do this or would we have to pay them for the time they come in to clean it?

The federal Fair Labor Standards Act (FLSA) establishes guidelines for what constitutes compensable time for non-exempt employees. Basically, whenever an employee is suffered or permitted to work, the employee must be paid for the time.

Thus, employees who are required to work on their day off even if it’s their fault for having to work an extra day must still be compensated for the time.

You can still issue the violations. Consider adopting a progressive discipline policy. Progressive discipline provides a graduated range of responses to employee misconduct. Offenders may receive a verbal warning at first, then a written warning for subsequent violations, then suspension, and ultimately termination. If you take this approach remember to clearly inform the employee of your expectations/policies (keep company vehicles clean) and the consequence for continued violations (i.e. suspension/termination). So, you could adopt a policy that employees receive a violation every time their assigned vehicle is not cleaned and after three violations the employee is suspended for a specified amount of time.


This entry was posted on Wednesday, January 20th, 2016 at 7:38 pm and is filed under
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