Off-the-Clock Work is Illegal

 In Employment Law, Overtime Law, Wage Law

If you have done off-the-clock work and you did not get paid for the work, call us. You are entitled to get paid for ALL work done and, here at Herrmann Law, we can help you get your back pay. We are top-tier worker-focused wage and hour litigators.

Have You Done Off-the-Clock Work?

Off-the-clock work can be any sort of work for which no compensation is paid. It can be small amounts of time or even many hours. Some examples include:

  • Opening and unlocking doors and workspaces
  • Traveling or attending meetings/training when required by your employer
  • Walking a co-worker to their vehicle as a safety/security precaution — yes, it is kind and courteous, but that is a work-related task
  • Loading equipment onto trucks/trolleys
  • Preparing a worksite or cleaning up after shift
  • Getting and/or putting away equipment and tools before and after shift — that is work
  • Changing clothes where certain clothing/safety gear is required by the employer — when you are changing, you are working
  • Filling out forms or doing other paperwork — if the paperwork/forms are for your employer, you are working
  • Waiting in line for security, health or safety checks — if your employer is requiring and you have to wait, you are working
  • Taking work phone calls and answering work emails outside of normal working hours — interrupting your free time is working
  • Waiting for duties to be assigned — if your employer is commanding your time, then you are working
  • Doing tasks during breaks which are unpaid — eating lunch at your desk is working

You are Entitled to Back Wages for Off-the-Clock Work

Under most federal and state laws, “work” is defined to include any task that is required by an employer (or “suffered” by and benefits an employer). Further, “work” is defined to include any time which the employer controls (such as requiring a worker to wait for tasks and other things). Essentially, if your employer controls or commands your time, you are “working” and you must be paid.

When off-the-clock work is not counted and not paid, workers are cheated in two ways. First, employees are not getting paid for ALL the work tasks that they are doing, Second, off-the-clock work does not contribute to overtime pay which means workers are getting underpaid for overtime. In the United States, for non-exempt employees, any work beyond 40 hours in a workweek must be paid overtime wages at time-and-a-half. Getting paid for any duties done for your employer is required by federal and State labor laws.

What Can You Do to Recover Back Wages?

First, keep track of the time spent engaged in off-the-clock work. You will need records to present a wage & hour claim. Then, call us. We are employee-focused Attorneys. We can help file a wage & hour claim with your local, State or federal labor departments. We can also start wage and hour litigation to punish your employer for violating your rights and help get you paid. You may also be able to recover statutory damages and penalties. And, in most cases, your employer will be paying your attorney’s fees.

Call the Employee Rights Attorneys at Herrmann Law Today

For more information, call the Employee Rights attorneys at Herrmann Law. If you think that your employer has violated your rights as an employee, call us. We are proven, experienced, employee-focused attorneys representing workers across the United States in all types of workplace disputes. Use our Online Contact page or call us at (817) 479-9229. We are more than just a law firm for employees – we are an employee’s fiercest advocate, equipping employees with the legal representation needed to achieve the best result possible.


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