Failure to Pay Off the Clock Wages Lawyer

Summary: Whether you have been forced to work over lunch, through breaks, or take calls off the clock, you have the legal right to be paid for every hour you work. Our attorneys can help. Contact us today for your free review.

Under federal and state laws, employees must be compensated for all work required or requested by their employer. If your employer is taking advantage and cheating you out of compensation by demanding or encouraging you to work off the clock, you may be entitled to back pay.

A failure to pay off the clock wages lawyer can stand up for your rights and vigorously pursue the compensation you deserve. Our attorneys can serve as your personal advocate to hold your employer responsible for unpaid wages and other possible monetary damages. Our contingency fee structure means that you pay nothing unless we recover compensation for you.

When Working Off the Clock Is Illegal

The Fair Labor Standards Act (FLSA) is a federal law that provides various protections for workers and enforces the right to receive minimum wage as well as overtime pay. According to the provisions of the FLSA, covered employees must be paid for every hour worked.

Additionally, the FLSA requires that companies pay non-exempt employees overtime for every hour they work beyond 40 in a workweek. Overtime wages are equal to one and a half times a worker’s regular hourly wage.

Most employees are considered non-exempt, which means they are entitled to overtime pay. Only certain types of workers—such as high-level executives, certain administrative employees, and outside sales representatives—are exempt from overtime pay.

The vast majority of hourly workers are entitled to overtime pay. Salaried workers can also be entitled to overtime pay, depending on the nature of their work.

Failure to pay wages for work that is performed off the clock is illegal, and the wronged employee should consult with an attorney. In some cases, neglecting to pay an employee for computer boot-up time can also be considered a failure to pay off the clock wages.

If an employee is performing work-related tasks off the clock, they should be compensated, whether that work involves:

• Responding to emails
• Attending a virtual meeting
• Any other work-related activity, no matter how seemingly “small”

Those tasks should be compensated on a straight time or overtime basis, depending on whether the off the clock work falls within or outside the overtime pay threshold of 40 hours per week.

Filing a Wage and Hour Dispute for Working Off the Clock

If an employee is entitled to recover compensation for off the clock work, an attorney can help file a case against the employer to obtain back wages owed. Off the clock wages for hours worked should include compensation for any time the worker was required to be on duty for their job.

A worker can also receive off the clock wages if they went unpaid for any time in which they performed work related to their job and benefitted the employer, regardless of whether the company instructed them to engage in that work. Employers who fail to keep track of hours worked or keep inaccurate records could be liable for wage theft in a compensation claim.

Other examples of off the clock issues that could give rise to a wage and hour dispute include:

• Unpaid time spent on administrative tasks
• Waiting for work when no tasks were immediately available

If the employee succeeds in court, they could be entitled to backpay, liquidated (double) damages, and other forms of vital compensation.

Speak With a Failure to Pay Off the Clock Wages Attorney

When an employee works off the clock, this means that they are working hours that are unpaid and very likely excluded from the calculation of overtime. Unless your job fits into a few specific exemption categories, if your employer is refusing to compensate you for overtime or other work, their actions are almost certainly illegal wage theft.

It is also against the law for a company to ask for or overlook off the clock work. A failure to pay off the clock wages lawyer can determine if you have a valid claim and help you navigate the legal system.

Contact us today by using the chat or our online form to request your free and confidential review. Our contingency fee arrangement ensures that you won’t pay legal fees unless we win your case.