In general, an employee’s “hours worked” include all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. All employees must be paid for all time worked. So if your employer is forcing you to work off the clock, you may be entitled to additional compensation (even if you are paid a salary).
Common examples of work off the clock:
- Your employer asks to you set up, open a store or facility prior to clocking in.
- Your employer makes you clock out for a meal break, but nonetheless makes you work during that period.
- Your employer automatically deducts some period of time from your hours (usually for an assumed “break”), but does not compensate you for work you performed during that time.
- Your employer asks you to clock out and then, after you are clocked out, perform additional work (e.g. cleaning up, shutting down, etc.).
Am I entitled to additional compensation:
Probably. This comes down to a determination of whether an employee is exempt or non-exempt. For further information that should help you determine whether or not you are exempt, these links may be helpful:
- Can You Get Overtime if Paid Salary?
- Overtime Basics - Debunking 5 Myths
- Q&A NY Overtime Pay
- Am I entitled to Overtime?
- FLSA Basics
What to do if you are being forced to work off the clock:
- Collect the facts – you need to get a sense of how much you are working off the clock, whether any additional employees are also working off the clock. Get any documents you have about off the clock work together.
- Contact an employment lawyer – get a better understanding of your rights. We offer a free initial consultation. In most situations involving work off the clock we do not collect a fee unless we get recovery for our client. Contact us today for a free consultation.