Working “Off the Clock”
The law requires that employees be paid for all time spent doing something for their employer. Employees should be paid for tasks required at the beginning and end of their shifts and for work performed during their lunch breaks. Getting paid for all of your back wages and overtime is important for you and your family.
Andrew Dunlaphas represented thousands of employees who were misclassified as salaried or day rate employees, forced to work off the clock, and not paid sufficient overtime.
In many jobs, employees have certain tasks that must be performed before they can begin or finish their job. Examples include donning and doffing safety equipment, waiting at a computer to log in or out, cleaning up at the end of a shift, or other similar tasks.
Some employers try to avoid paying wages for this time, claiming that it is “off the clock.” The law says otherwise. All job related activities that benefit the employer and are associated with the job should be part of the employee’s paid time. The employer is required to pay the employee for any activity that is considered part of the job. These kinds of activities include:
- Pre-shift tasks
- Post-shift cleanup
- Attending meetings outside of regularly scheduled workday
- Work performed during breaks
- Donning and doffing employer required gear
- Training classes
Sometimes employers misunderstand of the requirements of the federal Fair Labor Standards Act (FLSA); other times, unfortunately, employers profit by underpaying their staff. In either case, if you or someone you love is owed back pay, assert your right to be paid for all of the time you worked – you earned it. Contact the lawyers at Josephson Dunlap today to find out how to get your money.