A recent decision from the Tenth Circuit Court of Appeals held that an employer is not liable to an employee who fails to utilize the employer’s time reporting system. The employee was working from home on multiple occasions and filed a lawsuit to recover pay for this time period. However, the employee never reported to the time worked to the employer in its time keeping system. An argument was made that the employer knew that the employee was working and was therefore responsible for making the payments. The 10th Circuit decided differently and held that the employee was not entitled to overtime pay because he failed to follow the time reporting requirements. This case is not controlling in New York, but employees should be aware that these types of defenses in FLSA can sometimes work.
If you have any questions regarding NY Overtime Law, please call our NYC Employment Lawyers for a free consultation.