This post is a part of Federated Insurance’s Question and Answer Series. Questions are submitted by Federated Insurance clients. 

Question

We have an employee who is putting in extra hours fixing mistakes in their work. Sometimes, the employee does this on their own without our asking them to fix the mistakes. Do we need to pay the employee for these extra hours since they are basically just doing the same job twice? If the work was done correctly the first time the employee did it, they wouldn’t need to put in the extra hours.

Answer

Under the federal Fair Labor Standards Act, if an employer requires or allows employees to work, the time spent is probably hours worked, entitling the employees to compensation. Time spent doing work that is not requested by an employer but is still allowed is generally hours worked. The employer knows or has reason to believe that the employees are continuing to work and the employer is benefiting from the work being done. This time is commonly referred to as working off the clock.

Thus, when an employee must correct mistakes in their work, the time must be treated as hours worked. The correction of errors, or rework, is hours worked, even when the employee voluntarily does the rework. Management has a duty to exercise control and see that work is not performed if the employer does not want it to be performed. An employer cannot sit back and accept the benefits of an employee’s work without considering the time spent as hours worked.

That said, in an at-will employment relationship, employers can manage employee mistakes as a performance issue. If an employee is continuously making mistakes in their work, an employer can choose to discipline the employee, up to and including termination. An employer should always consistently apply its policies, including those regarding performance management, to avoid claims of illegal discrimination or unfair treatment.

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