When can employers legally ask employees to work off the clock?

In Hawaii, employers may not legally ask employees to work off the clock. Under the Hawaii Department of Labor and Industrial Relations Wage and Hour Law, employers must pay employees for all time worked, including any time spent on activities related to their job. Employers are only allowed to pay an employee for time off the clock when the employee has elected to do so. An employer must have written approval from the employee before providing such payment. Employers may not coerce or require employees to do work off the clock, and any such pay must be voluntary. Hawaii employers are also not allowed to hold employees to unreasonable expectations regarding unpaid work. If an employer requires that an employee work more hours than set by a collective bargaining agreement or other type of contract, then the employer may face liability for unpaid wages. Employers should also be aware that neither federal nor Hawaii state laws require employees to be paid for overtime hours worked. Employees in Hawaii should understand that employers may not ask them to work off the clock. Further, if an employer does request such work, employees should report this to the appropriate authorities. Doing so will help ensure that all workers in Hawaii receive the wages they are legally entitled to.

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