Off-the-Clock Work

Concerns that employees work off the clock continue to be a challenge in the workplace. BRG Labor and Employment experts investigate whether employees perform compensable work off the clock using a variety of methodologies, including in-person observation studies, video observation studies, review of company policies and procedures, and analyses of time clock data, POS data, and phone and email records.

Observational Studies

BRG experts conduct observational studies to obtain data for determining work performed while employees are clocked in and out, including during breaks and pre- and post-shift time. They calculate how much time, if any, is spent working off the clock, and systematically identify the job tasks, if any, that employees perform while working off the clock. They also recommend changes in policy or procedures that can eliminate off‐the‐clock work.

Employee Surveys

Our professionals develop scientifically sound employee-experience surveys that ask hourly employees about aspects of their jobs, including the extent to which they work off the clock. Using this primary research method, we identify the factors contributing to off-the-clock work, including supervisor/manager behavior, organizational performance requirements, and labor budgets. When necessary, our surveys are translated to obtain meaningful responses from non-English-speaking employees.

Estimates of Hours Worked

Based on comparisons of timecard data and other sources of time recording data, such as entry-point swipes, GPS devices, cellular phone records, and point-of-sale recordings, BRG experts have estimated the hours worked to evaluate allegations of unpaid hours worked. These comparisons require linking data from disparate sources in order to prepare the estimates. BRG experts have provided testimony regarding methodologies to match data from disparate sources, as well as the results of applying their methodologies.