Author: Hans & Associates, P.C.

Off-the-clock claims are one source of wage and hour lawsuits. In an off-the-clock claim, employees assert that the employer forced them to spend time working off the time clock and they did not receive pay for it. Ways that off-the-clock work can occur are when employees work through lunch, breaks, stay late or come to work early. According to the Fair Labor Standards Act (FLSA), the rules that businesses must abide by are as follows:

• Employers must pay FSLA covered non-exempt employees at least the minimum wage
• For hours worked over 40 hours a week, employees receive one and one-half times their regular pay
• Hours worked mean all time employees spend on duty, on the work premises or at other designated work places along with additional time they are permitted to work

Business practices that employers can put into place to protect against off-the-clock claims include:

• Enforcing strict rules that prohibit off-the-clock work
• Ensuring supervisors do not allow employees to work off-the-clock
• Have employees keep records of time worked and submit their time records
• Provide open lines for grievances regarding non-compensated work
• Take disciplinary actions for violations of off-the-clock rules

Off-the-clock work can add up to significant amounts of money owed for unpaid work, and businesses are liable for paying.

At Hans & Associates, our New York employment defense lawyers offer business clients affordable services to resolve wage and hour disputes, generally through negotiated settlements outside of court.