On behalf of Clark Law Group posted in blog on Monday, April 24, 2017.
Imagine walking into work and our boss immediately asks you to start a project before you even punch the clock. Will you be paid for the work? What about all the time you have spent there after-hours, working off the clock to finish a project? Are you entitled to back pay for the work?
According to the Fair Labor Standards Act (FLSA), unless you are an exempt employee, your employer should pay you for all work you perform. Furthermore, if you work more than 40 hours per week, you are also entitled to overtime pay. If your employer has asked you to work off the clock and refused to pay you for all of your work, you may be able to take legal action. An attorney in the San Diego area that has experience with employment law can advise you on the necessary procedures. Read further for more information about federal laws and off the clock work.
The FLSA provides certain protections to most employees. The Act sets the minimum wage and overtime rates. While the Act provides employment protections to most employees, it does not usually apply to those in executive or professional positions. There are also some industries that the Act does not protect. For example, industries that operate on commission-based sales are also exempt from the Act.
Working off the clock
Off the clock work includes any work that you perform that you are not compensated for or that does not count toward your weekly hours. Federal law requires that your employer pay you for all of the work you perform. This includes time you spend helping colleagues, working extra hours, or performing duties that are outside the normal scope of your required work.
Common examples of off the clock work include setting up a restaurant or retail space prior to your shift beginning, finishing paperwork, or attending meetings on your own time. If you must wait for work projects, your employer must compensate you for that time as well.
If your boss has not paid you for work you have done, you might be entitled to recover up to three years of unpaid wages. You might also be able to sue for damages as well as your attorney fees. Your attorney can help you file a complaint with the Department of Labor in order to start the process.
Remember, you have a legal right to claim wages that your employer owes you for all of the hours you have worked. Working off the clock is illegal, whether your employer requires it or does not take steps to start it.