What is the legality of an employer requiring an employeeto perform tasks outside of work?

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What is the legality of an employer requiring an employeeto perform tasks outside of work?

I am an hourly employee of a state operated hospital. My employer now requires that I perform tasks on my non-work, non-paid time which are used as the means for evaluating my employee performance. Does this violate any laws?

Asked on January 28, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are an hourly employee, you must be paid for all hours worked (and be paid at the overtime rate as applicable, for hours over 40 in a work week). "Work" includes anything done outside normal duties, worksites, or shifts, if required by your employer--that is, if the employer makes you do it, it is work, and must be paid for it. If you are not paid for work which you have done, you could file a complaint with the state depatment of labor and/or bring a lawsuit; since many employment attorneys will provide a free initial consultation to evaluate a case, your first step may be to speak with such a lawyer.


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