Work not requested but suffered or permitted is work time. For example, an employee may voluntarily continue to work at the end of the shift. He may be a pieceworker, he may desire to finish an assigned task or he may wish to correct errors, paste work tickets, prepare time reports or other records. The reason is immaterial. The employer knows or has reason to believe that he is continuing to work and the time is working time. (Handler v. Thrasher, 191, F. 2d 120 (C.A. 10, 1951); Republican Publishing Co. v. American Newspaper Guild, 172 F. 2d 943 (C.A. 1, 1949; Kappler v. Republic Pictures Corp., 59 F. Supp. 112 (S.D. Iowa 1945), aff'd 151 F. 2d 543 (C.A. 8, 1945); 327 U.S. 757 (1946); Hogue v. National Automotive Parts Ass'n. 87 F. Supp. 816 (E.D. Mich. 1949); Barker v. Georgia Power & Light Co., 2 W.H. Cases 486; 5 CCH Labor Cases, para. 61,095 (M.D. Ga. 1942); Steger v. Beard & Stone Electric Co., Inc., 1 W.H. Cases 593; 4 Labor Cases 60,643 (N.D. Texas, 1941))
Notes of Decisions
Chao v. Gotham Registry, Inc., 514 F.3d 280 (2d Cir. 2008).
· cites it 6× “Gotham's Rule Against Unauthorized Overtime Gotham endeavored to reduce unwanted overtime by promulgating a rule requiring its employees to obtain prior approval for any work that would result in overtime and informing them that, absent such approval, they would be paid…”
Allen v. Bd. of Pub. Educ. for Bibb Cnty., 495 F.3d 1306 (11th Cir. 2007).
· cites it 3× “1994) (citing 29 C.F.R. § 785.11 ). In order to prevail on their claim in this case, Plaintiffs must prove that they were suffered or permitted to work without compensation.”
Kellar v. Summit Seating Inc., 664 F.3d 169 (7th Cir. 2011).
· cites it 3× “See 29 C.F.R. § 785.11 (“[A]n employee may voluntarily continue to work at the end of the shift [for many reasons].”
Manning v. Boston Med. Ctr. Corp., 725 F.3d 34 (1st Cir. 2013).
· cites it 2× “Here, the complaint relies on a mix of actual knowledge and constructive knowledge theories.”
Bergman v. Kindred Healthcare, Inc., 949 F. Supp. 2d 852 (N.D. Ill. 2013).
· cites it 3× “Regulations implementing the law state: “Work not requested but suffered or permitted is work time.”
Morillion v. Royal Packing Co., 995 P.2d 139 (Cal. 2000).
· cites it 2× “]" ( 29 C.F.R. § 785.11 (1998).) "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.”
Donna Craig v. Bridges Bros. Trucking LLC, 823 F.3d 382 (6th Cir. 2016).
“Thus, if an “employer knows or has reason to believe” that an employee “is continuing to work” in excess of forty hours a week, “the time is working time” and must be compensated at time-and-a-half, even if the extra work performed was “not requested” or even officially…”
Nancy Kosakow v. New Rochelle Radiology Assocs., P.C., 274 F.3d 706 (2d Cir. 2001).
“The evidence described above is sufficient for a jury to find that New Rochelle knew or had reason to know that Kosakow arrived early each morning in order to work, and permitted her to do so. Accordingly, this time would be included in Kosakow’s hours worked.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.