Workers filing wage and hour lawsuits allege that their employers did not pay them everything they earned. Typically, hourly and non-exempt salaried workers who put in more than 40 hours per workweek are eligible for overtime pay.
Companies often walk a fine line between scheduling workers for the maximum number of hours possible while still trying to avoid overtime pay. In some cases, manipulating workers into unpaid labor is the difference between those workers receiving overtime pay or not. Off-the-clock work could provide the basis for an overtime wage claim.
Employees shouldn’t perform uncompensated labor
The Fair Labor Standards Act (FLSA) establishes numerous important federal standards regarding worker pay rights. Under the FLSA, hourly employees should receive pay for all time worked.
The law does include a de minimis exception. Employers can justify choosing not to include minuscule amounts of time for minor job tasks. If the worker answers a single email that requires two minutes of their time on a Saturday, they likely don’t need to alter their time clock records to reflect that time.
However, recurring tasks and responsibilities that take more than a few minutes generally require pay. Employers should not mandate that workers show up to their shifts early and perform certain functions before starting the shift. They also cannot demand that workers clock out and then proceed to perform another 10 or 20 minutes of work.
The frequency with which a company requires unpaid labor and the amount of time committed to those functions can influence whether or not an employee has grounds for an overtime wage claim. Reviewing employment practices and payroll records with a skilled legal team can help frustrated hourly and non-exempt salaried workers hold their employers accountable for wrongfully refusing to pay overtime wages.