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Compensation for “Off the Clock” Work

Wage and Hour Lawyers Dedicated to Serving New York City Employees

Employers take advantage of their employees all too often. In many instances, workers volunteer to put in hours “off the clock,” believing that they will be compensated fairly for their extra effort. This term refers to meetings, time spent traveling from one work site to another, or work performed after the completion of an employee’s shift. A number of rules and regulations require employers to compensate employees for off the clock work, but many businesses fail to abide by these rules in order to save money. The wage violations attorneys at Phillips & Associates have helped employees across New York City seek the off the clock wages that they deserve and are prepared to assist you in aggressively asserting your rights.

Seeking Compensation for Off the Clock Work

An employer is required to keep accurate records of the time that its employees work, including regular minimum wage time, overtime, and any off the clock time. There are no circumstances in which an employer can ask an employee to complete off the clock work without pay. In fact, an employer is prohibited from even permitting an employee to work off the clock.

Off the clock work includes a wide variety of tasks. Even short off the clock work of 20 minutes justifies a payment for the employee, in addition to any post- or pre-work job-related activities that are necessary for the employee to accomplish his or her duties. Additionally, being on call or “engaged to wait” for the employer’s benefit constitutes off the clock work. An employee must be paid for all preparatory activities, time spent reviewing work assignments for that day, and time spent loading or checking work vehicles.

Under the Fair Labor Standards Act (FLSA), employers are required to compensate non-exempt employees for work they perform off the clock, whether or not they log the time into the remote access clock-in system, a time card, or a sign-in sheet. The hours that an employer must compensate run from the first work-related activity that an employee performs on a work day to the final work-related activity that the employee completes that day. The FLSA provides a system for employees to file a claim against their employer. To establish a claim under the FLSA, the employee must show that he or she worked off the clock hours for which he or she had not been credited, that the employer permitted the employee’s work, and that the employee suffered unpaid wages as a result.

Contact a New York City Attorney to Discuss Your Employment Case

If you think that your employer is not paying you fairly, the attorneys at Phillips & Associates may be able to help. Our wage and hour lawyers have represented victims of employee misclassification and other employer misconduct throughout New York City, including in Queens, Brooklyn, and the Bronx. We treat each of our clients with the compassion and attention that they deserve, and we can investigate your claim with a meticulous attention to detail. We offer a free consultation, so you have nothing to lose. Call us now at (833) 529-3476 or contact us online to arrange an appointment with us.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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