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February 1, 2003

Does an employer have to pay a worker who comes back to work voluntarily "just to help out???"

Yes, The Department of Labor has addressed this issue in regulations under the Fair labor Standards Act. Specifically, "it is the duty of the management to exercise its control and see that the work is not performed if is does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. Management has the power to enforce the rule and must make every effort to do so.
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