Do you need to have a supervisor present when associates are working after hours or on the weekends?

There is no law that requires that all work be supervised. So, it is perfectly legal and acceptable to have employee’s work after hours or on the weekends on company premises.  However, there are legal concerns. 

First, and foremost, are the safety and security concerns of employees without supervision at the workplace. An employer should develop policies that specifically pertain to on-premise, after-hours work. For safety reasons, the policies should spell out what type of work is permissible and what is prohibited. In high-risk environments it is prudent to require a co-worker be present, preferably in a supervisory capacity.  Low-risk environments also have safety limitations to be considered. Every day-type of accidents from falling down stairs to suffering an injury from improper use of office equipment can be a source of liability.  The geographic location of your company can factor in as well.  If the neighborhood is a high-crime area, safety measures must be put in place to protect the facility, thus the employees from being targets and endangering their personal security. This would constitute implementing a policy that detailed an emergency procedure, company contact person and possibly a stipulation that restricted when the employee could work (i.e.; daylight hours only).  

Secondly, problems with accurate timekeeping are always likely to arise. A precise practice of timekeeping should be in place to ensure that non-exempt employees are compensated accurately. This will likely follow the same procedure as a regular work day procedure. However, may need additional record keeping safeguarding against false claims. 

Lastly, it is always difficult to gage whether the time spent after-hours and unsupervised is productive and efficient. A good general rule of thumb is to set specific goals or project deadlines to monitor whether or not the after-hours work is truly necessary.