Off-the-Clock Work

Employers are generally required to pay you for the work you do for them and keep records of that time worked.

If you worked off-the-clock, contact our attorneys about a possible legal claim.

Off-the-Clock Work Details

Under the federal Fair Labor Standards Act, non-exempt, or hourly employees, are generally entitled to an overtime premium for hours worked over 40 in a workweek. This includes time worked off-the-clock but not recorded, when an employer knew or should have known you were working.

While documentation of the unpaid off-the-clock hours is preferred, an employee may still seek compensation without the documentation, by providing a good faith estimate of their off-the-clock time worked.

Examples of Potential Off-the-Clock Violations

Instructing an hourly employee to clock out and continue working.

Instructing an hourly employee to only record a set number of hours worked when the employee is working more.

Policies that require overtime hours to be pre-approved by management when it results in time worked not being approved or paid.

Paying an hourly employee only for their scheduled hours and not hours worked.

Paying hourly call center employees only for time on the phone and not on other work-related activities, such as booting up computers and reviewing work-related emails.

Not paying hourly employees for time responding to emails and calls while outside of the office, or for other work-related activities performed away from the worksite.

We invite you to contact us, and welcome your calls and emails.