![]() ![]() The employee can establish the amount of hours worked by testifying, providing any supporting documentation, and making an honest estimate of the hours worked. Clemens Pottery, an employee working at home on the weekend can recover wages for that time even if he or she has not punched a time clock or recorded those hours on a formal time sheet. ![]() Clemens Pottery, when accurate records of hours worked have not been maintained, the employee can estimate the hours worked as a matter of “just and reasonable inference.” Clemens Pottery (1946) established this standard. In any event, Oregon and federal law place the burden on the employer to maintain accurate records of time worked by employees. Many employers have been held liable for requiring employees to revise timesheets to eliminate overtime hours. Our seasoned attorneys and staff are knowledgeable, experienced, and resourceful, helping you get the resolution you deserve.Ĭontact us today to schedule a meeting with one of our qualified New York employment attorneys.In the case of employers who “suffer or permit” their employees to work off the clock, the employer’s records will almost always be inaccurate. We provide our clients with the most personalized service while protecting their rights and seeking justice on their behalf. Woods Lonergan PLLC has been helping employees since 1993. If you’ve been working off the clock and would like to hold your employer accountable, a qualified employment attorney in New York can provide valuable assistance. Discuss Your Situation with a New York Employment Attorney Aside from getting back wages, you may also be entitled to receive liquidated damages for your employer’s wrongdoing. When an employee works off-the-clock, but fails to report the time as required by applicable policies, the employer can argue it had no knowledge of the work performed, and the failure to pay for. To recover wages you’re owed for off-the-clock work, you can file a complaint with the U.S. If you’ve come to realize you’ve been doing unpaid work off the clock and wish to recover back wages, you may have options to do so. Recovering Back Wages for Off-the-Clock Work The work you do is valuable and should always be compensated. You should never give your time away freely. Working off the clock might seem like no big deal at first, but it is. It can negatively impact your work/life balance.Your employer will likely abuse the situation.You’re legally entitled to receive payment for any work you do for your employer.Why You Shouldn’t Work Off the Clockīesides the fact that working off the clock is illegal, you should also avoid it because: If an employee works more than 40 hours, then the employer must pay them time and a half, meaning one and a half times their normal hourly wage. Employees are required to make at least minimum wage for the first 40 hours of work per week. Commission-based employees are also exempt.Īll non-exempt employees must be paid for all hours worked under the FLSA. These employees are typically paid on a salary, meaning they have set pay and do not get paid hourly. While the FLSA covers most employees, there are some exemptions, including executive and administrative employees. The act provides certain requirements regarding minimum wage, overtime, and other types of legal protections. The Fair Labor Standards Act and Off-the-Clock WorkĮmployees are afforded protections by the Fair Labor Standards Act (FLSA). If any of the above are required, done during your own time, and not paid for by your employer, this is illegal. Working During Breaks: Working during lunch or another type of break approved by your employer.Administrative Tasks: Reading and responding to emails, answering or returning phone calls, paperwork.Rework: Fixing or redoing a task or project after your workday is done.Additional Work After You’re Done: Work tasks done after your shift is done.Preparing for Work: Anything done before business hours or the beginning of your shift.Some of the most common examples of off-the-clock work include: You may not even realize that what you’re doing is considered off-the-clock work. You should always be compensated for the work you do for your employer. It is generally illegal to work off the clock. When you’re working “off the clock,” it means you’re doing work that isn’t compensated and doesn’t count toward your overtime pay. If you’ve been working off the clock and wish to seek compensation, an employment attorney can provide guidance. However, some employers take advantage of their employees and fail to pay them what they’re owed. Most employees are entitled to receive compensation for any work done for their employer. Whether you’re responding to emails on the weekend, staying late to help with a project, or going into the office before your day begins, you may be working off the clock without even knowing it. ![]()
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