As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.
According to the U.S. Department of Labor, any time an employee must be on duty or at their employer's premises should be counted as hours worked and compensated accordingly. Requiring employees to work off-the-clock is not only illegal, but it also one of the more common ways in which employers try to cheat employees out of their hard-earned wages. If your employer has made you work off-the-clock or has pressured you to work before or after clocking out, you could have a wage and hour claim—and Josephson Dunlap can help.
To date, our firm has helped more than 100,000 clients nationwide, recovering hundreds of millions of dollars in unpaid wages. We are familiar with federal and state laws regarding off-the-clock work, and we have the resources to aggressively pursue your claim.
“Filing a case was easy and the staff was beyond wonderful when it came to answering my questions in regards to my case. They’re polite, well spoken and overall professional.”- Robert F. Straight Time for Overtime
“I have made multiple recommendations for Josephson Dunlap to family and friends. They kept me updated with my case, provided ongoing follow-up support, and made sure I received everything that was owed to me!”- Samantha R. Off-The-Clock Case
“Josephson Dunlap did everything that could be asked. They were great communicators and treated me with respect. They fought for me and delivered results that were better than expected.”- Tony S. Misclassification Case
Generally speaking, off-the-clock work includes any work or work-related activities that benefit your employer for which you are not compensated. Even if you are not an hourly worker who clocks in and out each day, you could be made to work “off-the-clock” if your employer requires you to complete certain job-related tasks outside of your normal work hours without pay.
Some examples of off-the-clock work include requiring an employee to:
- Work before or after a scheduled shift
- Work through a scheduled meal or rest break
- Complete after-hours work at home
- Travel between workplaces or job sites
- Answer emails, texts, and other communications outside of normal work hours
- Attend unpaid trainings, meetings, and other activities
When your employer fails to pay you for these and other work-related requirements, you could have an off-the-clock work claim. The same is true if your employer engaged in time shaving or time clock rounding practices, which involves rounding up or down your hours worked or changing your timecard to avoid paying you for all the hours you worked.
How Our Off-the-Clock Work Claims Attorneys Can Help
If you have been made to work off the clock, you have the right to take legal action against your employer. At Josephson Dunlap, we can help you seek the rightful wages you should have earned for the work you performed, as well as back wages, interest, and damages (when applicable). We are committed to a sole mission: to help workers fight for the fair pay they are owed, and everything we do is centered on this goal. As your legal team, we will not only guide you through the process with compassion and empathy but also provide the personalized representation you need to move forward.
We provide free initial consultations and contingency fees. This means that you do not pay anything out of pocket when you work with Josephson Dunlap. Instead, we only collect attorney fees and other litigation-related expenses if/when we recover compensation for you.
Can Employers Require Salaried Employees to Work Off-the-Clock?
Salaried workers receive a fixed compensation rate for a certain number of work hours, rather than an hourly or daily rate. Unlike hourly workers and some day-rate workers, salaried workers may not actually clock in and out each day. However, this does not mean that they do not have rights when it comes to off-the-clock work.
Non-exempt salaried workers cannot be required to work beyond their normal work hours without additional compensation. Some non-exempt salaried workers do clock in and out; these workers cannot legally be made to perform any work-related duties when they are clocked out unless they are paid. If non-exempt employees work beyond 40 hours in a single workweek, they are entitled to overtime pay. In some states, non-exempt employees are entitled to overtime when they work more than eight hours in a single workday. In any case, they must be paid for all hours worked and cannot be forced to work off the clock.
For exempt employees, off-the-clock work is a bit more complex. Because exempt employees do not typically clock in or out, and because they are paid a set rate for a specified amount of work hours, they have a greater degree of flexibility when it comes to when they complete their work-related duties. As a result, it can be difficult to tell when required work-related duties might be considered “off the clock.” Generally speaking, any work your employer requires you to complete outside of the “regular hours” on which your compensation rate is based could be considered “off-the-clock” work. We strongly recommend that you reach out to a knowledgeable off-the-clock work lawyer, like those at Josephson Dunlap, for more information specific to your situation.
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