While it may feel great staying late to help out with a project or getting to work early to prep for a meeting, it is easy to forget that you are working off-the-clock, therefore, you should get paid. Sometimes the extra effort you put into your work or extra hours poured into a project are not counted as overtime hours, which may be illegal. Depending on your circumstances, you may have a wage and hour case. A California wage and hour attorney can take a look at your circumstances and help you bring a civil action against your employer.
The Fair Labor Standards Act
Almost every employee is covered by the FLSA, which determines the minimum wage as well as overtime for most employees. Workers should be paid overtime if they work more than 40 hours a week, including off-the-clock work. However, some employees in administrative and executive positions and employees in some specific industries may be exempt from these requirements.
What Is Work Off The Clock?
This is any work you have done for which you don’t receive compensation or extra hours worked that don’t count towards overtime. Federal law protects you. As long as your employer requires you to work, you should be compensated. There are times when employers may have to compensate employees whose work is suffered, which means when you engage in work that was not requested, you may still get paid. Ask a wage and hour claim attorney in California about how you can recoup your unpaid hours.
Typical Of-The-Clock Scenario
There are many off-the-clock scenarios and they may even include off-site work. Some common examples include:
- Preparation time: A common example of this is when an employee takes time to prepare for a meeting or to prepare a worksite.
- Post-shift work: This includes when an employee is finishing a task or cleaning up, returning equipment, etc.
- Administrative work: Some administrative work goes unpaid, which includes filling out paperwork, meetings, and training.
- Redoing a project: If an employee is asked to correct errors or redo a project, he or she should be paid for the time invested in rework tasks.
- Waiting for a task: If you are waiting for work, you should be paid for the waiting time as well. This time also counts as work, therefore, it should be paid.
Recovering Your Wages
It is important you understand that unpaid off-the-clock work is illegal. If you would like to recover your unpaid hours, you must file a complaint. Employees may recover double the back pay. If you win your payback claim, you may also recover attorney’s fees.
Contact A Wage And Hour Attorney in California
If you or a loved one has a wage and hour dispute, please contact an experienced California wage and hour lawyer. We can help you file a claim for payback and find out if you are covered by the FLSA. Find out more about your rights by calling us today and scheduling your icnitial case evaluation.