How does an employee prove that the 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 handler’s activities by making reasonably diligent inquiries. According to the courts, it is a “rare” case in which an employer will be found to lack the requisite knowledge when the activities in question are “part and parcel” of an employee’s job, unless the employee has deliberately hidden the fact that s/he is performing them.
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 handler’s activities by making reasonably diligent inquiries. According to the courts, it is a “rare” case in which an employer will be found to lack the requisite knowledge when the activities in question are “part and parcel” of an employee’s job, unless the employee has deliberately hidden the fact that s/he is performing them.
Related Questions
- How does an employee prove that the employer knew or had reason to believe that off the clock work was being performed?
- How do I prove that my employer knew or had reason to believe that off-the-clock work was being performed?
- How do I prove that my employer knew or had reason to believe that "off the clock work" was being performed?
