Employment Law

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I am a Head Start teacher and I like to do some of my work…

Customer Question
I am a Head...

I am a Head Start teacher and I like to do some of my work at home on my own time. I do not want paid for this time as it is my choice. My employer states that this is not legal as I am paid hourly. Is this true can they tell me I can not do my lesson plans at home.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 11 months ago.Category: Employment Law
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Answered in 2 minutes by:
9/19/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There are rules against an hourly employee "volunteering" for the same employers that pays them, doing the same work they are paid for. Now, I have no doubt that in your circumstance you actually wish to volunteer. You wouldn't have bothered asking this question if you didn't. That being said, the law is put in place not against you, but against the employer to ensure that the employer never benefits from free overtime by pressuring their hourly employees to work for free.

Because of this law, employers can get into serious trouble if they allow hourly employees to work off the clock. As the employer faces legal liability, they can absolutely forbid you to do any work outside of your paid hours, on penalty of termination if you do.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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