How do I prove that my employer knew or had reason to believe that off-the-clock work was being performed?
A. An employer will be held to know what it could have found out if it had paid attention to what its employees were doing. The legal standard is whether an employer could have learned of the employee’s activities by making reasonably diligent inquiries. It is a rare case in which an employer will be found to successfully claim that it could not have known that work was being done.
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