What is Considered Working Off-The-Clock
When it comes to recovering wages for working off-the-clock, it’s important to understand its definition. Working off-the-clock happens when an employee performs work for an employer, with the employer’s knowledge, and the employee is not paid. When an employee is not compensated for that time, the employer may be violating federal employment laws. When it comes to protecting your employment rights, here’s what you should know to protect yourself when working off-the-clock.
When Are You Entitled to Be Compensated?
Some common ways employees may work off the clock may include:
- Pre-shift work such as preparing to open a store, restaurant, worksite.
- Post-shift work such as clean up of job sites.
- Finishing paperwork.
- Working during lunch breaks.
If you are a non-exempt employee and have performed the above or any other work for your employer off-the-clock, you are protected under federal employment laws. In the state of California, you are entitled to overtime pay if you work more than 40 hours in one workweek. Despite popular belief, some salaried employees are entitled to overtime pay for working over 40 hours in a workweek under California’s white-collar exemption.
What to Do When Owed Wages for Off-The-Clock Work
When an employer is aware that you’ve been working off-the-clock and has failed to pay you for the time you have worked, you may have a case. Determining if an employer has violated federal employment laws can be complicated. Attempting to take on an employment case on your own could negatively impact the outcome of your case. Not understanding how federal and California employment laws work could leave you open to errors and without the compensation you deserve. Having an experienced employment law attorney on your side can make all the difference.
Contact a Hollister Employment Law Attorney
If you think you are owed compensation for off-the-clock work, having an experienced employment law attorney on your side can make all the difference. Contact Marder Employment Law at (888) 796-4010 to learn more about your employment rights.