![]() ![]() These are violations of the FLSA’s requirements. Working hours that don’t count towards overtime.Working hours and not getting paid minimum wage.So, if a non-exempt employee works “off the clock,” this means they are: If you are non-exempt, you must at least be paid minimum wage and a higher rate for any time you work over 40 hours a week. Non-exempt employees get paid hourly instead of on a fixed salary: eight hours’ worth of pay if you work eight hours, four hours’ worth of pay if you work four hours. The FLSA’s rules apply to “non-exempt employees,” individuals who are not exempt from the FLSA’s minimum wage and overtime wage rules. Employers must pay employees 1.5 times their regular rate of pay for every hour of overtime they work per week (over 40 hours per week).Employers must pay employees either the federal minimum wage ( $7.25 per hour) or their state’s higher minimum wage rate if there is one.The FLSA is a federal law that guarantees both minimum wage and overtime pay: Unpaid down time or waiting in between projects if work is slowīeing forced to work unpaid or “off the clock” violates the Fair Labor Standards Act (FLSA).Unpaid co-worker assistance, when you’re already off the clock but help a colleague finish their project or task.Unpaid administrative work, including completing or filing paperwork after the end of the day, returning phone calls, or reviewing patient charts.Unpaid rework if your employer insists on a project being revised or corrected.Unpaid work during a lunch break or other break times throughout the workday.Unpaid post-shift work such as restaurant clean-up, returning equipment, breaking down a worksite, or taking extra time to wrap up a project you didn’t complete during the work day.Unpaid preparatory work, like getting a worksite ready for a project, putting on safety gear, setting up or moving machinery, getting logged on to computers or other technology, or training on one’s own time.Not counted towards work hours for calculating overtime.This happens anytime an employee’s work is: What is Working Off the Clock?Ĭalifornia employment law attorney Eric Kingsley explains off the clock work simply: “You’re working and not getting paid for it.” With laptops and smartphones, bringing work home and putting in extra hours is even easier.īut whether an employee voluntarily works extra unpaid hours or the employer demands it, work that is unpaid or not counted towards overtime is often illegal. This is an example of working off the clock. You won’t get paid for this work, but at least the project will be done, and you won’t have to worry about it. Instead of redoing the project tomorrow during work hours, you decide to stay late and wrap it up. It’s almost the end of the workday, and your employer has just asked you to redo a project.
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