Unapproved work done by employees must be compensated

DOL restates requirement to pay employees for all time worked, even if it was not approved by the employer.

In a recent Department of Labor Opinion Letter concerning break and meal policies, the Department restates that any work done by the employee, regardless of approval, must be compensated by the employer. The Code of Federal Regulations 29 CFR 785.13 states:

“In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.”