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Wage & Hour

Off The Clock

Employers are generally required to pay you for the work you do for them. If you worked off-the-clock, contact our wage and hour attorneys about a possible legal claim.

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Off-the-Clock Work Details

Under federal law, the Fair Labor Standards Act, non-exempt, or hourly employees, are generally entitled to an overtime premium for hours worked over 40 in a workweek. This includes time worked off-the-clock, but not recorded, when an employer suffers or permits an employee to work it. “Suffer or permit” means that if the employer requires or allows you to work, or knew or should have known you were working, that time is generally hours worked and must be paid. If the employer could not have known you were working, a court may find that the time is not compensable.

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.

Examples of Potential Off-the-Clock Violations

  • Instructing an hourly employee to clock out of the timekeeping system and continue working.
  • Instructing an hourly employee to only record a set number of hours worked per day or week when the employee is working more.
  • Requiring hourly employees to have overtime pre-approved by management in advance of the employee working the overtime.
  • Paying an hourly employee only for their scheduled hours and not their hours actually worked.
  • In a call center setting, paying hourly employees only for time spent on the phone and not for time spent on other work related activities, such as booting up their computers and applications and reviewing work related email messages.
  • Not paying hourly employees for time spent responding to emails and voicemails while outside of the office, or for other work related activities performed away from the worksite.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.

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