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Off-The-Clock Work

The Fair Labor Standards Act (FLSA) generally requires that non-exempt, or hourly employees, receive an overtime premium for hours worked over 40 in a workweek. This includes time worked off-the-clock but not recorded, when an employer knew or should have known you were working. Potential off-the-clock violations occur when an hourly employee is instructed to clock out but keep working, when an hourly employee is told to under-record the actual number of hours they work, when an hourly employee is paid only for the number of hours scheduled and not hours worked, and when hourly employees are not paid for time spent getting ready for work (e.g., booting up a computer) or performing work outside of the office.
While documentation of the unpaid off-the-clock hours is preferred, an employee may still seek compensation without the documentation, by providing a good faith estimate of their off-the-clock time worked.

If you believe you have a potential off-the-clock work claim, please contact us for an evaluation

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