HR question of the month: Should you pay employees for extra time spent fixing mistakes?

Posted on:

July 2, 2025

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.

The HR Question of the Month is provided by Zywave^®, a company wholly independent from Federated Insurance. Federated provides its clients access to this information through the Federated Employment Practices Network with the understanding that neither Federated nor its employees provide legal or employment advice. As such, Federated does not warrant the accuracy, adequacy, or completeness of the information herein. This information may be subject to restrictions and regulation in your state. Consult with your own qualified legal counsel regarding your specific facts and circumstances.

This blog post originally appeared on FederatedInsurance.com. Federated Insurance is an ACCA Platinum Strategic Partner. For more information about our Strategic Partner program, visit here or email ACCA’s Strategic Partnerships Manager Kenzi Vizzari at kenzi.vizzari@acca.org.

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Through valued business insurance products and proven risk management strategies, Federated Insurance offers peace of mind to contractors nationwide. Federated Insurance has been an ACCA Corporate Partner since 2009. ACCA’s recommendation of Federated helps ensure that association members receive personalized service, coverages tailored to their individual business needs, and assistance with their risk management efforts.

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