Mark & Associates, P.C. Attorneys At Law

Is Your Employer Forcing You to Work “Off the Clock?”

In recent years, large American corporations including retailer Wal-Mart and food company Tyson have been sued by employees for off-the-clock violations. Smaller employers are also guilty of forcing employees to work off the clock for no pay. Requiring employees to work before, during, or after their regular shift is one way employers may be breaking the law.

If your employer forces you to work off the clock without pay or engages in other illegal workplace practices, you may have legal rights and may wish to speak with a qualified employment lawyer as quickly as possible. Mark & Associates, P.C. represents workers across the nation and is available 24 hours a day, 7 days a week to discuss your case. Contact us today submitting the case inquiry form on our website or by calling 1-866-50- RIGHTS (1-866-507-4448).

Are You Required to Start Early and Stay Late?

Employees who are required to show up early before their paid shift begins and/or stay late after their paid shift has ended may be entitled to financial compensation from their employer for violating state and federal employment laws. Employees who are forced to clock out for their required lunch break while they continue working may also have legal rights. In each case, the employees are being cheated by their employers and not paid for the time they are working.

Some other common examples of "start early, stay late" violations include:

• Allowing or requiring workplace clean up, paperwork and other duties to be completed off the clock before or after the paid shift
• Workers turning on computers, checking emails and phone messages and reviewing company memos before clocking in or after clocking out
• Police officers, paramedics and other public safety personnel being required to review department memos or inspect their equipment before clocking in for their shift
• Forcing employees to work on their own time, including nights and weekends, without pay or overtime

FLSA Violations

Employers are required to classify jobs based on compensation and duties in order to determine whether the position is exempt from FLSA (meaning employees are NOT entitled to overtime) or nonexempt from FLSA (meaning employees ARE entitled to overtime). It is not true that all hourly workers are nonexempt and that all salaried workers are exempt. Misclassification of employees involves paying workers a salary and saying they are exempt from the Fair Labor Standards Act, when in fact their job duties may require them to be nonexempt from FLSA. Even salaried employees may be entitled to overtime pay depending upon their job duties. If you suspect that your position is misclassified, you may be entitled to overtime pay.

Call Today For Free Legal Consultation

If your employer forces you to start early, stay late, skip meal breaks, work nights and weekends, or otherwise work without pay, contact Mark & Associates, P.C. today. Our workers' rights attorneys will fight for you and see that you are compensated for the hard work you do. You can contact us anytime by submitting a consultation form on our website or by calling 1-866-50- RIGHTS (1-866-507-4448).