The Employee's Guide to Off-the-Clock Work: Protecting Your Rights

As an employee, it's important to understand your rights when it comes to off-the-clock work. Off-the-clock work refers to any tasks or duties performed outside of your regular working hours, for which you are not compensated. This is illegal. Unfortunately, many employers try to exploit their employees by requiring them to work off the clock.  

What Constitutes Off-the-Clock Work?

Off-the-clock work can take various forms, including:

1. Pre- and post-shift tasks: If your employer requires you to perform any work-related activities before or after your scheduled shift, such as setting up equipment, cleaning up, or attending meetings, you should be compensated for that time.
2. Take-home work: Employers may sometimes expect you to take work home, such as paperwork, assignments, or projects. Any time spent on these tasks should be considered as work hours and should be compensated accordingly.
3. Unauthorized overtime: Some employers may discourage employees from reporting overtime hours, either by explicitly forbidding it or through implicit pressure. If you are working beyond your scheduled hours and not receiving overtime pay, it may be considered off-the-clock work.
4. Checking emails and messages: If your job requires you to be available outside of working hours to respond to emails, texts, or calls, you should be compensated for the time spent on these communications.

The Legal Implications

Off-the-clock work is illegal. The Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) mandate that employees must be paid for all hours worked, including overtime.

Employers who require or encourage off-the-clock work may face serious legal consequences, including fines, penalties, and lawsuits. It's crucial for employees to be aware of their rights and take appropriate action if they are being exploited by working off the clock without getting paid.

Protecting Your Rights

Off-the-clock work should not be taken lightly. As an employee, you deserve to be compensated for all the time and effort you put into your job. If you suspect that you are being asked to work off the clock or your employer is failing to compensate you for off-the-clock work, consider taking the following steps:

1. Document everything: Keep a record of all the hours you work, including any off-the-clock tasks or activities. Make note of the date, time, and nature of the work performed. The United States Department o Labor has an app called “Timesheet,” which enables you to track your time on your cellphone.
2. Seek legal assistance: Consult with Employment Attorney Raymond Nardo, who concentrates in labor and wage disputes. He can guide you through the legal process and protect your rights.