Can I Recover Unpaid Wages For Work Done Off The Clock?

Off-the-clock work is still work, and you may be entitled to recover unpaid wages for work performed outside of the official work hours.

Your employer can’t ask you to work off the clock and not record your hours. This is a common wage violation we see at Rowdy Meeks Legal Group LLC. You work hard to provide for yourself and your family. You deserve to be paid for the hours you work and overtime.

What Does The Law Say About Off-The-Clock Work?

Under the federal Fair Labor Standards Act (“FLSA”) and many state wage laws, employers must pay employees for all hours worked, including time spent working off the clock. If you worked off the clock and your employer did not compensate you for that time, you may have a claim for unpaid wages under the FLSA and/or state wage laws.

Understanding your rights and the legal recourse available to recover unpaid wages is essential. Asking employees to work off the clock to avoid paying wages including overtime is illegal, and a common way employers violate federal and state laws.

The FLSA and state wage laws consider all hours worked by an employee to be compensable time, regardless of whether the work was authorized or performed on the employer’s premises. This includes time spent performing work-related tasks before or after scheduled shifts, during meal breaks, or while on-call.

What is Off-The-Clock Work?

Have you done off-the-clock work without realizing it? Here are some of the ways employers avoid paying overtime.

Answering Emails, Texts, or Calls: Responding to work-related emails, texts, or calls outside of scheduled work hours.
Completing Administrative Tasks: Finishing paperwork, reports, or other administrative tasks before or after regular shifts.
Attending Meetings or Training: Participating in meetings, training sessions, or conferences outside of scheduled work hours.
Setting Up or Cleaning Up: Arriving early or staying late to set up equipment, prepare workstations, or clean up after shifts.
Travel Time: Traveling to and from work-related locations, meetings, or events outside regular hours.
Performing Pre-Shift or Post-Shift Duties: Conducting pre-shift preparation or post-shift cleanup activities without clocking in or out.
Waiting Time: Waiting for assignments, equipment, or instructions before starting work or while on standby.
On-Call Time: Being on-call and available to respond to work-related issues or emergencies outside of scheduled shifts.
Working Through Meal Breaks: Continuing to work during designated meal breaks.
Unpaid Training or Orientation: Participating in training sessions, orientations, or onboarding activities without compensation.
Off-Duty Work Activities: Engaging in work-related tasks or projects voluntarily during personal time, such as completing work assignments from home.

How Can I Recover Unpaid Wages?

Your employer is required to keep accurate records of your hours, including time worked off the clock. If your records don’t match your employers, you can use that as evidence if you choose to discuss the issue with the employer.

You can also take legal action against your employer to recover unpaid wages. This generally involves pursuing a lawsuit in court, or seeking resolution through arbitration or mediation.

Many employees seek help from an employment law attorney. An attorney can help you understand the applicable laws, evaluate your potential claims, and advocate on your behalf to recover the wages you are owed.

Let Rowdy Meeks Legal Group LLC Assess Your Case to Recover Unpaid Wages

At Rowdy Meeks Legal Group LLC, we understand the process of recovering unpaid wages. We are here to help you get the pay you have earned and to which you are legally entitled.

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