(a)

1. (1) Work not requested but suffered or permitted is work time.

2. (2) For example, an employee may voluntarily continue to work at the end of the shift.

   1. (A) He or she may:

(i) Be a pieceworker;

1. (ii) Desire to finish an assigned task; or

   1. (iii) Wish to correct errors, paste work tickets, or prepare time reports or other records.
   2. (B) The reason is immaterial.
   3. (C) The employer knows or has reason to believe that he or she is continuing to work and the time is working time.

(b)

1. (1) This part is also applicable to work performed away from the premises or the job site, or even at home.

2. (2) If the employer knows or has reason to believe that the work is being performed, he or she must count the time as hours worked.

   1. (c)

3. (1) In all such cases, it is the duty of the management to:

   1. (A) Exercise its control; and
   2. (B) See that the work is not performed if it does not want it to be performed.
4. (2) It cannot sit back and accept the benefits without compensating for them.
5. (3) The mere promulgation of a rule against such work is not enough.
6. (4) Management has the power to enforce the rule and must make every effort to do so.