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Do You Do Any of These Things While Off the Clock? You May Be Overtime Eligible

Posted on behalf of Peter T. Nicholl in Unpaid Overtime Mar 18, 2021

Even when employees work a full 40-hour week, they may struggle to get every little thing done. That is why many employees end up doing some things on weekends or right before or after their shift ends.

If this sounds like a normal part of your weekly routine, it is important to note you may be working overtime. That means you may be eligible for overtime pay.

If you do a significant amount of work off the clock, but your employer refuses to provide overtime compensation, you may want to discuss things with a licensed unpaid overtime lawyer. The Law Offices of Peter T. Nicholl has helped many employees recover the wages they were wrongfully denied.

Off-the-Clock Activities That May Qualify for Overtime

If you are a non-exempt employee, which means you are covered by federal and state overtime laws, you must be paid time-and-a-half for any overtime hours worked in a week. This may include the hours spent doing activities such as:

Going through security checkpoints
Being on-call and available to handle work-related issues while technically off the clock
Driving to your first job/client of the day from the company’s location
The last drive of the day back to the company headquarters

Checking your emails
Putting on or taking off safety equipment required to do your job
Cleaning equipment you use to do your job
Turning your computer on or off
Going to a training or safety class

You could have been doing these things while off your employer’s premises and still be eligible for overtime pay.

Is your employer tracking these activities? If you added up the hours spent on these activities, would it put you over 40 hours per week?

These are important questions you can discuss in a free consultation with a licensed attorney from our firm. There is no obligation to hire our services if we find you have a valid claim.

Industries/Jobs That Frequently Deny Overtime

There are certain industries where employees may be more likely to be denied overtime for off-the-clock activities, such as:

Pizza delivery drivers
Retail workers
Construction workers
Nurses/health care employees
Service technicians who travel to clients to do their work

IT workers
Mortgage brokers
Oil and gas industry workers
Workers in call centers
Employees who work on tips

Are Employers Required to Prevent Off-the-Clock Work?

Employers are responsible for making sure non-exempt employees avoid off-the-clock work. There are several steps they may take to make sure this happens:

Create clear policies prohibiting off-the-clock work – Set clear guidelines prohibiting off-the-clock work and explain what working off the clock means.
Provide training on wage laws – This can help managers and supervisors to prevent off-the-clock work and gain a better understanding of their responsibilities under federal and state wage laws.
Limit access to technology – This helps to prevent employees from accessing their work emails and other assignments, which should help prevent them from working.
Prevent employees from staying late – Managers and supervisors should make sure employees do not stay late. They should also monitor employees to prevent them from working before their shift starts. Supervisors also need to make sure employees take mandated breaks and do not try to work through them.

Have You Been Denied Overtime? Call Today

There is no risk in contacting our firm. The initial consultation is free of charge and comes with no obligation to take legal action.

We are prepared to pursue maximum compensation for your unpaid wages and hold your employer accountable for potentially breaking the law.

Our attorneys have recovered millions in compensation on behalf of employees who were denied the wages they earned. This includes a settlement of $2.3 million for former employees of M&T Bank.