Have you been asked to perform work tasks before clocking in or after clocking out? If so, you might be a victim of wage theft. Off-the-clock work is illegal under federal and Minnesota state laws. Unfortunately, many employers still find ways to take advantage of hardworking employees by not compensating them for all their time worked. At Nichols Kaster PLLP, we believe every minute of your labor deserves fair pay.
Don’t wait to take action if you believe your employer owes you unpaid wages. Contact our online contact form or call (877) 344-4628 today to speak with our experienced off-the-clock lawyers.
What Is Off-the-Clock Work?
Off-the-clock work refers to work your employer has you do without paying you. This might include tasks like:
- Preparing for your shift before clocking in
- Cleaning up or closing out after clocking out
- Attending mandatory meetings or training sessions without pay
- Responding to work emails or calls after hours
- Driving between job sites without being compensated
Even if your employer didn’t explicitly instruct you to work off-the-clock, they may still be breaking the law if they benefit from your unpaid time.
Why Off-the-Clock Work is Illegal
Under the Fair Labor Standards Act (FLSA) and Minnesota employment laws, employers must pay employees for all time spent working. This includes tasks performed before or after the official workday and activities outside regularly scheduled hours. Failing to compensate employees for their work is considered wage theft and can have serious legal consequences for employers.
Common Ways Employers Deny Wages
Off-the-clock work often happens in subtle ways that are easy to overlook. Here are a few examples:
“Just finish this one quick task”
Employers might encourage workers to spend extra minutes completing tasks without pay.“Set up first, then clock in"
This tactic is common in restaurants, warehouses, and retail jobs where employees are asked to set up or clean up outside their scheduled hours.Unpaid travel time
If you travel between job sites, your time should be paid unless you’re commuting to or from home.Unpaid work emails or calls
Being required to respond to work-related communications outside work hours is still considered compensable work.
If any of these feel familiar, it’s time to talk to an employment lawyer about your rights.
What to Do If You’ve Experienced Wage Theft
If you suspect you haven’t been paid for all the work time you’ve put in, follow these steps to protect your claim:
Document everything
Write down the exact times, dates, and tasks you worked off the clock. Keep track of emails or messages that show instructions from your employer.Keep copies of your pay stubs
Compare your hours worked with what you were paid to spot any discrepancies.Speak with an employment lawyer
Bring your documentation to an experienced off-the-clock lawyer for guidance on your legal options.
At Nichols Kaster PLLP, we help workers in Minneapolis and across Minnesota hold employers accountable for unpaid wages. Learn more about wage and hour violations on our Wage & Hour page.
Contact Nichols Kaster PLLP for Employment Law Help
Paying employees fairly is not optional. If you’ve been asked to work off the clock or believe your wages have been stolen, our team of employment lawyers in Minnesota is here to fight for you. Contact us now through our online contact form or call (877) 344-4628 to schedule a consultation.