Employers cannot force you to work off the clock. Off-the-clock practices violate wage and hour laws and result in wage theft. While common in some industries, off-the-clock practices are never legal and always violate wage and hour laws.
When your employer breaks the law by not paying workers for all their time worked, workers have the right to fight back and demand fair compensation for hours worked. You have the right to file a claim for wage theft and get the compensation you worked for. The top wage and hour lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help.
Off-the-clock work occurs when an employer refuses to allow an employee to clock in while conducting job duties. Such duties may include donning and doffing safety equipment, attending meetings, driving to and from work-related events, running work-related errands, or any other job-related activities, including standing around and awaiting instruction. This work must always be conducted on the clock. Working off the clock is illegal and an act of wage theft.
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Non-exempt employees (hourly employees) get paid for all hours worked. Therefore, they will lose money in their pay if they work off the clock. Employers use off-the-clock work practices to save money by not paying employees for what they deem as extra or unimportant work. No matter what type of work is conducted off the clock, it translates to hours worked and deserves fair compensation.
When employees work off the clock, employers receive free labor. They do not pay you for your time, which they control. They save money in taxes, payroll, and overtime. As a result, employers benefit from your loss. Even if off-the-clock work is a small task that takes a few minutes, it results in your employer receiving free work and you losing the money you deserve.
Anytime an employee is not paid for all time worked, they are experiencing off-the-clock work. Some examples of such work may include but are not limited to the following:
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Employers may not realize they are asking you to do job duties while off the clock. Others are looking to cut corners while meeting deadlines and goals by requiring employees to work off the clock. Either way, such demands violate the FLSA.
When your employer makes you do any kind of work without being on the clock, you have the right to request payment of these unpaid wages. Some of the following steps can help you get the compensation you deserve:
Employers break the law if they force you to work off the clock. If you confront them, they cannot fire you to get back at you for holding them accountable. Firing employees simply because an employee holds them accountable is wrongful termination and retaliation. As a result, you can add such charges to your wage theft claim against your employer.
Off-the-clock work practices are a form of wage theft. The Fair Labor Standards Act (FLSA) provides a time limit of two years (three years in the event of intentional acts of wage theft) to file a claim for wage theft with the Department of Labor. The top wage and hour lawyers at the Derek Smith Law Group can help you ensure you file your claim within the appropriate statute of limitations.
Since off-the-clock work is a form of wage theft and may result in unpaid overtime, the courts may enforce the rules of liquidated damages on employers. In other words, employers will owe you your unpaid wages and double these unpaid wages (known as liquidated damages.). The courts may also order employers to pay punitive damages or money meant to punish employers and prevent them from committing such actions in the future.
Wage theft claims can take several months to several years to settle. The process length depends on the evidence you have and the fight from your employer. Your employer may wish to settle quickly if you have extensive and solid evidence. They may be willing to settle at a higher number to keep the case out of court and the media. The case may last as little as six months. However, if you do not have a strong case or a lot of evidence, your employer may be more willing to fight your claim and even take it to trial. In these cases, your claim may take years to settle. While there is no guarantee that your case will settle quickly, working with a top wage and hour lawyer (like the attorneys at the Derek Smith Law Group) can help your claim move along smoothly.
When you experience violations of labor laws, you need a top labor lawyer to help you fight for justice. A wage and hour lawyer can help you ensure you meet all the guidelines and requirements required to file your off-the-clock work claim. A wage and hour attorney can stand by your side from the moment you decide to file a claim. They will communicate with your employer’s lawyers, complete all required filing requirements, and help tell your story in court or in front of a judge.
You deserve to get paid for all hours worked. Off-the-clock work is illegal and steals money from you as an employee. If you or a loved one was forced to work off the clock, the top wage and hour lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help. Call today at 800.807.2209 for a free consultation.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Yes. Anytime you run an errand for work, you are working. Therefore, you should be paid for your time.
You should consult a wage and hour lawyer as soon as you realize you have a claim for off-the-clock work. The wage and hour laws say that employees have two years (3 years if the age theft was intentional) to file a claim for wage theft with the Department of Labor. Therefore, you cannot afford to wait to speak with an attorney.
Yes. Many times, courts will order employers to pay backpay, punitive damages, and liquidated damages, or double the back pay owed.
Working with a wage and hour lawyer helps ensure you gather the evidence you need for your claim. They help you prepare for depositions and trial. They also can help you file motions to settle the claim before trial. They will stand by your side and be your partner in the process from the beginning until the case settles or the court enters a final judgment.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
