“Off-the-clock” refers to time spent in any work-related activity without compensation. In some states, employees are paid for work done within the duration of their employment. The law in these states allows one to sue employers for hourly wages for overtime work-related activities. This article provides an ”off-the-clock” overview in relation to the law.
Examples of Compensable Off-The-Clock Work
• Preparing a dinner before and after shift
• Moving equipment before or after shift
• Cleaning up after a shift
• Any post or pre-work job-related activities necessary to work performance
• Dropping off paperwork before or after shift
• Waiting for assignments or tasks
• Traveling during work for a work-related activity
• Completing training during non-work hours
• Revising or overhauling a project during non-work hours at the request of the employer
Protection by The law
Employee’s rights are covered under the Fair Labor Standards Act or FLSA. Employees are entitled to regular pay for the work they do. In addition, they are paid when they work for more than forty hours per week by their employment entities. The following employees are not included in the Act cover; administrative personnel, salespeople paid in commission, executives, and professional workers. These excepted employees receive a specific salary no matter how much time they work. Employees covered by the Act are paid half their usual rates after working past 4O hours per week.
What Employees Can Do to Seek Compensation
An employee who wishes to be compensated for work they did off the clock can file a complaint to the Department of labor. The law may assist the employees in getting off-the-clock wages up to three years back. Additionally, these employees may also be eligible for damages and lawsuit expenses. The responsibility to control off-the-clock work for FLSA employees is under the employer’s authority. Furthermore, an employer should enforce the rules they set.
Seeking an Attorney’s Help
Working off-the-clock is unlawful. Therefore, an employee may seek attorney help to file a claim for payback. A lawyer helps workers understand whether FLSA Act covers their claim. In addition, they help workers understand their rights. However, laws vary from state to state. An attorney will also help you interpret laws in a specific state and federal laws about employment. An experienced employment lawyer can also help you in your case against your employer if you believe that you are not getting the proper payment. They may also show you what evidence you would need to present to recover your wages.
Ways to Prevent Off-The-Clock Work
Overtime work usually results from negligence issues from an employer. The employer should strictly control tasks times, employee breaks, and lunch hours. However, managers who may require their employees to do overtime work should be paid accordingly. Therefore, employers should implement training policies, monitor work activities, and ensure supervisors know employer guidelines under FLSA Law.
While it is challenging to prevent off-the-clock work from occurring entirely, knowing what it entails and what steps to avoid it will help limit an employer’s liability. Fortunately, labor regulations ensure that employees are paid for all the work they perform.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.