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====What is working off the clock, Time spent doing work not requested by the employer, but still allowed by the employer, is generally considered hours worked, since the employer knows or has reason to believe that the employees are continuing to work off the clock and the employer is benefiting from the work being done off the clock. This time is commonly referred to or known as “working off the clock.”====

====This question is so common in so many companies and especially now with unemployment being so high, it is more prevalent with people worried of losing their jobs and not finding other work. Yes it is illegal to ask staff to work ‘off the clock’ Unless they are being paid for it, whether it be normal hourly pay or overtime pay (time and a half).When an employee works more than their normal hours they need to be paid for the overtime that they do, however there are no legal requirement that the employer has to pay overtime rates above the normal rate of pay after working a certain number of hours in a day or week. Whether overtime rates will be paid is a matter for negotiation between an employer and an employee. The best practice would be to include any agreed overtime rates in the employment agreement so both parties are clear about the terms and conditions when the employee works more than their normal hours. People in business can find more information about this area of law and what they are required to do from the department of labour website. You can find a sample clause on overtime in the Employment agreement guide, on the department of labour website, under wages/salary/allowance.====

====What is required under the law and what are the impacts? If an employee has worked more than their normal hours and believes they have not been compensated for this, they should first discuss this with the employer so that the employer is clear about the issue and can respond to the employee. If this is not successful an employee may choose to seek mediation assistance from the department of labour. Mediation is a free and impartial service that helps employers and employees resolve disagreements.====

====An employer that allows or even knows that an employee is working overtime while off the clock may be subject to significant penalties. Even having a written or stated policy that does not allow employees to work off the clock will not protect employers from being liable when faced with employee lawsuits or claims brought by the Department of labour (DOL)====

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__**References:**__

Cordelia Thomas,Jeremy Hubbard, Sally Varnham Principles of law for New Zealand business students 4th edition

Department of labour website []

Legislation Website www.legislation.govt.nz