Hourly employees working off the clock, under the Fair Labor Standards Act, should usually be paid – and overtime rules should apply. Otherwise, the employer may be breaking the law.
Working off the clock can include things like:
When hourly employees are working off the clock, it means they’re not working for pay. For example, when you go into work early and you don’t clock in, but you’re doing work that your employer asked you to do – such as set up the work site – or if you stay late to finish up a project, after you’ve clocked out for the day, your employer could be legally required to pay you.
And “clocking in” doesn’t mean you have to punch a time card. Many people are paid for 40-hour workweeks, even without punching in or out each day.
“Suffer or Permit to Work”
Federal law says that the term employ includes “suffer or permit to work.” In this context, suffer means that a worker engages in work that the employer didn’t request, but it is allowed – and that can mean working extra hours to help colleagues or to wrap up a project without being paid.
Permit to work means that if an employer requires employees to work, or if an employer lets employees work, that time must usually be paid.
The Fair Labor Standards Act, or FLSA, covers most employees. It establishes minimum wage, overtime and several other protections for nonexempt workers.
Some employees are not covered, such as some people who work in executive or administrative positions, or professional employees and workers who are employed in some industries (like commission-based sales or farming). These workers are considered exempt.
All nonexempt workers – the people the FLSA protects – are entitled to payment for all the hours they work.
Some of the most common examples of off-the-clock work, which can happen at the workplace or offsite, such as at home or elsewhere, include:
Finally, in some cases, waiting for work when the employer doesn’t provide it immediately is supposed to be paid time.
Not all cases qualify as off-the-clock work that should be paid, though. If you’re not sure about your own situation, you should talk to a Glendale employment lawyer who can clarify.
Employees may be able to recover up to 3 years’ worth of back wages for unpaid hours and unpaid overtime (when the unpaid work time adds up to overtime), as well as liquidated damages. These damages together can total double what the employer owes the employee – and in some cases, workers can recover the attorney fees they spent on the case.
Hourly Employees working off the clock can call an employment lawyer for help. We’re available at 818-230-8380 for a free case review. We’ll answer your questions and talk about possible outcomes of your case, as well as give you the legal advice you need.
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