Working Off-The-Clock

Is Working Off-The-Clock Illegal?

What Is Working Off-The-Clock?

When an employee performs work for an employer, with the employer’s knowledge, and they are not paid, the employee is considered to be working off-the-clock. If the employee is not compensated for that time, the employer could be in violation of federal employment laws. Here’s what every employee needs to know when it comes to protecting their employment rights when working off-the-clock.

Common Ways Employees Work Off-The-Clock

Whether you need to meet a looming project deadline or to tackle a heavy workload, putting in extra time at work entitles you to compensation. Some of the most common scenarios of working off-the-clock are:

  • Pre-shift work such as preparing for the opening of a restaurant or worksite
  • Post-shift clean up of job sites
  • Finishing paperwork
  • Working during meals and breaks

How Federal Laws Protect Employees

Non-exempt employees in the state of California are entitled to overtime pay if they work over 40 hours in one workweek. Under California’s white-collar exemptions, some salaried employees are also entitled to overtime pay for working more than 40 hours in a workweek.

Off-the-clock claims can be complicated, especially when it comes to salaried employees. Exempt employees who think they may be owed pay for off-the-clock work should consult an employment attorney to find out if they have a case against their employer.

How to Get Compensation for Off-The-Clock Work

Employees who work off-the-clock have rights under federal employment laws. If you think you may be owed pay for off-the-clock work, the first thing to do is contact your supervisor, human resources, or payroll department. If bringing your pay concerns to your employer does not bring you compensation, your employer may have violated working off-the-clock laws. In this case, it may be necessary to take legal action so you can receive the compensation you deserve.

Contact an Employment Lawyer Today

If you’ve been forced to work off-the-clock, you have the right to be compensated for those hours. Contact Marder Employment Law today at (888) 796-4010 to learn more about your employment rights.

Categories