Getting Paid for 'Off the Clock' and Telecommuting Time
Workers are entitled to be compensated for their time from the moment they arrive at their job at the beginning of the shift until the moment they leave their job at the end of the workday, with few exceptions. When you spend time before or after your shift putting on a uniform or protective gear, preparing machinery, loading vehicles or picking up or dropping off supplies, you may be owed compensation for the time spent. If you are telecommuting from home, your employer is held to the same overtime requirements as if you were in the office. Regardless of your location, you have a right to be paid for every minute you spend working for the benefit of your employer. At Virginia & Ambinder, LLP, we help employees recover these unpaid wages for all hours.
For two decades, our law firm has fought for workers' rights in wage and hour litigation. Our attorneys have represented thousands of workers in a variety of industries. We have taken on major corporations, municipalities and city and state agencies, and we have served as class counsel in dozens of class action cases.
We handle all types of cases involving pre- or post-shift work, including time spent:
- Donning and doffing of uniforms and protective gear
- Inspecting, cleaning and maintaining equipment
- Driving to pick-up or drop-off materials
- Checking and handling phone messages and e-mails while not at work
- Night and weekend setup duties
- Workplace cleanup
- Time between calls as a telemarketer or salesperson
Your Rights as a Telecommuting Employee
Working from home can mean more flexibility, however, it also can mean problems getting paid for all of the time you devote to work. Your employer must pay you for every moment you are working.
When you are working more than 40 hours in a payroll week, the same rules for overtime apply, even if your employer does not see you in the office. If you are not exempt under the Fair Labor Standards Act, your employer must pay you at a rate that is one and one-half times your regular hourly rate for all time over 40 hours in a week.
Even if your employer treats you as a salaried employee, you may still be entitled to overtime pay depending upon your responsibilities and other factors. Many employers often disregard the law and pay workers a flat salary just to avoid having to pay overtime for hours worked in excess of 40 hours.
Construction and Service Workers
Many workers in the construction and service industries spend a significant amount of time before and after their shift driving to job sites, picking up and dropping off materials, changing their uniforms and putting on equipment.
Many of these activities may be part of your job, and you may have the right to receive compensation for the performance of these duties. With extensive experience in off-the-clock cases, our firm can help you obtain compensation for your time.
You can count on our lawyers for thorough representation and a commitment to results. We will not charge you attorney fees unless we obtain a financial recovery for you.
Contact us to discuss your case. Office hours for our New York City and North Plainfield, New Jersey offices are 8 a.m. to 6 p.m. weekdays. We accept weekend and late-evening appointments by prearrangement.
