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Off-the-Clock Work Violations: Federal Law and State-Specific Examples
Learn your rights and how to recover the pay you've earned for every minute worked.
Federal Off-the-Clock Work Violations
The Fair Labor Standards Act (FLSA) is the federal law that guarantees non-exempt employees are paid for every hour they work. In fact, the FLSA mandates that workers receive at least the minimum wage for all hours and overtime pay (time-and-a-half) for any hours over 40 in a week.
Under FLSA, “hours worked” includes all the time an employee is on duty or at a job site, plus any additional time they are allowed (i.e. “suffered or permitted”) to work. There’s no such thing as “volunteering” extra time for free – if you’re working, you should be getting paid.
Because of this, an employer can’t simply turn a blind eye and accept free labor – the law puts the responsibility on management to prevent off-the-clock work if they don’t intend to pay for it. The regulations even state that having a policy against unauthorized work isn’t enough; if the company benefits from your unpaid time, they must pay you for it.
Failing to do so is a direct violation of the FLSA and can lead to serious trouble. Workers have the right to recover any unpaid wages (and often additional penalties) by filing a complaint with the U.S. Department of Labor or through a lawsuit. In many cases, employers who get caught must pay not only the back wages owed but also liquidated damages equal to those wages as a penalty – essentially doubling the amount the employee is entitled to.
Some State-Specific Examples
California
California’s wage laws are among the toughest in the nation. Not only does California Labor Code § 510 require overtime pay after 8 hours in a single day (not just after 40 in a week), but Labor Code § 1198 and the state’s Industrial Welfare Commission (IWC) wage orders flat-out prohibit employers from asking or expecting you to work off the clock without pay.
The California Supreme Court even ruled in Troester v. Starbucks Corp. that every minute of work counts – even those tiny tasks done off the clock (like closing up shop for a few minutes after clocking out) must be compensated.
If your boss in California thinks they can squeeze free labor out of you or your co-workers, think again – the law is squarely on your side, and violations can lead to substantial penalties for the company.
New York
New York wage laws mirror the FLSA and even go further to protect workers. Like the federal law, New York requires that you’re paid for every hour on the job and that you receive overtime pay for any hours over 40 in a week.
If a New York employer tries to skirt these rules by having you work off the clock, they can face serious consequences – potentially owing all your back wages plus an equal amount in liquidated damages (basically double pay as a penalty).
In other words, if you and your co-workers have been putting in unpaid time after hours or through your breaks in NY, you could all be entitled to hefty compensation under state law. No savvy employer in the Empire State should risk a class action lawsuit where they end up paying twice what they tried to save!
New Jersey
New Jersey law keeps it simple: if you do the work, you must get paid for it. In the Garden State, just like under federal law, it’s illegal for an employer to let you work off the clock without compensation. It doesn’t matter if you thought you were just “helping out” or finishing up voluntarily – your time has monetary value, and the law recognizes that.
In fact, many New Jersey workers who’ve been shorted on pay have banded together in lawsuits, turning a single employee’s complaint into a big case recovering wages for the whole team. You and your colleagues shouldn’t give your labor away for free – in NJ you have every right to fight back and demand every dollar you earned.
Pennsylvania
Off-the-clock work is unlawful in Pennsylvania under both federal and state wage laws. Your boss cannot ask you to come in early or stay late to do extra work without paying you for it – and they can’t “allow” you to do it either (even if you offer, it’s still illegal to let you work unpaid).
If you’re putting in time beyond what you officially clocked (whether it’s prepping equipment, finishing up paperwork, or cleaning after closing), that must be counted and paid.
When employers ignore these rules in PA, workers are entitled to recover all their unpaid wages – and if a lot of employees were affected, a single lawsuit can snowball into a large collective action with substantial payouts for everyone involved.
Illinois
Illinois workers can’t be asked to donate their labor, either. Under both federal and Illinois state law, it’s flat-out illegal for an employer to have you do pre-shift or post-shift work without pay. Whether it’s putting on protective gear before clocking in or cleaning up your work area after clocking out, if you’re on the job, you must be paid.
If your company in Illinois has been making people work off the clock, they could owe a lot in back wages – and they might find themselves facing a major lawsuit by you and your co-workers to recover everyone’s lost pay. You have every right to demand payment for all your time on the job, and Illinois law will back you up.
Florida
Florida might not have its own state overtime statute, but that doesn’t mean off-the-clock work gets a free pass. Florida defers to the FLSA – so if it’s illegal under federal law, it’s illegal here too. Employers still must pay at least Florida’s higher state minimum wage for every hour worked, and any unpaid off-the-clock time is considered wage theft, plain and simple.
If a boss tries to cut corners by not paying you for all your hours in Florida, you and your co-workers can fight back – you’re entitled to recover your unpaid wages plus an equal amount in penalties (essentially double your money) under the law.
Don’t let the Sunshine State vibe fool you: Florida workers have strong rights, and you can take action to get the pay you deserve just like in any other state.
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