Arriving Early
Being required to arrive 15-30 minutes early to set up your workstation, boot up computers, or prepare for your shift without being paid for that time.
Utah Overtime Lawyers Services
Wage and Hour Claims
Working Off-The-Clock
Employers cannot require employees to work without pay
What Is Off-The-Clock Work?
Employers cannot require employees to work “off-the-clock” without pay. If employees are being asked to work before or after their scheduled shifts without pay, they may qualify for reimbursement through a wage claim.
According to the Fair Labor Standards Act, non-exempt, or hourly employees, are generally entitled to overtime compensation for hours worked over 40 in a workweek. This includes time worked off-the-clock but not recorded, when an employer knew or should have known you were working.
Common Examples of Off-The-Clock Work
Staying Late
Being asked to stay after your shift ends to clean up, close the store, finish projects, or complete tasks without being paid for the extra time.
Working Through Breaks
Being required to work during your lunch break or other scheduled breaks, answering phones, helping customers, or performing other job duties.
After-Hours Communication
Being expected to answer emails, texts, or phone calls from your employer outside of work hours, or being required to be “on call” without compensation.
Important Information About Documentation
While documentation of the unpaid off-the-clock hours is preferred, an employee may still seek compensation without the documentation, by providing a good faith estimate of their off-the-clock time worked.
With Documentation
- Time sheets or records
- Photos of your schedule
- Email or text evidence
- Witness testimonies
Without Documentation
- Good faith estimate of hours
- Detailed description of duties
- Pattern of work requirements
- Your honest recollection
Your Rights Under Federal Law
Right to Pay
You must be paid for ALL time worked, including off-the-clock time that your employer knew or should have known about.
Protection from Retaliation
Your employer cannot fire, demote, or punish you for asserting your right to be paid for all hours worked.
Legal Action
You have the right to file a lawsuit to recover unpaid wages, overtime pay, and additional damages under federal law.
Steps to Take Now
- 01
Keep Records
Document all off-the-clock work immediately
- 02
Calculate Losses
Estimate how much you’re owed in unpaid wages
- 03
Don’t Wait
Time limits apply – contact an attorney soon
- 04
Get Help
Free consultation with experienced attorneys
Free case review
If you believe you have not been paid correctly, please fill out the form below and get in contact with an attorney today!
Need Help with Other Employment Law Issues?
While we specialize in wage and hour claims, our firm also handles a full range of employment law matters including wrongful termination, discrimination, harassment, and retaliation.
- Wrongful Termination
- Discrimination Claims
- Harassment Issues
- Retaliation Cases