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 (866) 229-9441 or contact us online to arrange an appointment with us.