Compensation for Off-the-Clock Work

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Compensating Hourly Employees for Off-the-Clock Work

The term "off-the-clock" refers to the time spent in the context of a work-related activity where no compensation is provided. For example, off-the-clock time might include meetings, time spent driving from one work site to another, and work performed after the completion of a shift.

In some states, employees are legally entitled to payment for "off the clock" work performed in the scope of their employment. Courts in these states will normally allow employees to sue employers to recover hourly wages for off-the-clock time that included work-related activities.

What Are Some Examples of Compensable Off-the-Clock Work?

Time spent engaging in the following work-related activities can be compensable (something you should be paid for) even if those activities appear to have been done "off the clock":

Does Federal Law Protect Off the Clock Employees?

Under Fair Labor Standards Act (FLSA), employers must compensate for non-exempt employees’ work time whether or not it is logged into the remote access clock-in system, a time card, or a sign-up sheet. Compensable work hours for an employee span from the employee’s first work-related activity on a work day to the last work-related activity that the employee completes on that work day.

Establishing a Claim Under the FLSA

To establish an "off the clock" claim," an employee must prove the following elements:

To prove uncompensated "off the clock" work, an employee may use the following to prove his claim:

Seeking an Attorney’s Help

Determining an employee’s compensable hours may involve a detailed assessment of the work environment. If you believe that your work is not being fairly compensated by your employer, you may need to seek advice from a qualified employment lawyer.

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Last Modified: 08-24-2016 10:22 PM PDT

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