Practice Areas /
Off-the-Clock and Telecommuting Violations

Many employers require or permit their employees to engage in off-the-clock work that benefits the company, but unlawfully fail to count that time towards the employee’s 40-hour workweek. The law requires that employees be paid for all time actually worked— from the moment that they arrive on the job until the moment that they leave their shifts, regardless of when the shift was scheduled to start or end. You have a right to be paid for every minute that you spend working for the benefit of your employer.

The most common form of off-the-clock work involves employees being told to punch out and continue working or to punch in late. Sometimes, employers will go back and “shave” hours off employee punch cards or electronic time sheets. But you are also entitled to be paid for work that your employer might consider “off-the-clock,” such as:

  • putting on required uniforms and safety equipment at work
  • cleaning, maintaining, or inspecting equipment
  • loading vehicles before heading to the jobsite
  • picking up or dropping off supplies at the shop
  • booting up computer systems
  • performing tasks at home
  • checking e-mail and receiving telephone calls while not at the office
  • travelling between jobs or worksites
  • workplace cleanup
  • time spent between calls as a telemarketer or salesperson

Because this “off-the-clock” work is often a necessary part of the job, employers are usually required to pay employees for performing it.

Many construction, factory, and service industry workers spend a significant amount of time (such as ten minutes or more) before and after their shift not only putting on or taking off required uniforms and equipment, but also driving between job sites, picking up and dropping off materials, and inspecting, cleaning, and maintaining their equipment. Many of these activities count as part of your job, and you may have the right to receive compensation for doing them.

Our law firm has an excellent track record litigating state and federal class action lawsuit for off-the-clock work, telecommuting violations, and other unpaid wages. We are well-known and well-respected in New York and New Jersey. If you believe that your employer is taking advantage of you, call one of our experienced attorneys for a free and confidential consultation. Our office hours are 9 a.m. to 6 p.m., with weekend and late-evening appointments available by pre-arrangement. Spanish, Polish, and Russian language services are available.

Virginia & Ambinder – Where Labor Goes to Win. 

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