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OFF THE CLOCK
Many employees are pressured to work "off the clock", so that employers can avoid paying them for all the time they have worked. This is a flagrant abuse of employment law. Employers are responsible for paying for all work that employees perform.
Typical employment labor law violations include:
- work done before the start of a shift, and not recorded
- work such as clean up, paperwork or work not completed during the shift, being performed after the shift without pay
- deducting meal breaks that employees did not take
- encouraging employees to work on their own time
- giving employees a "salary" in order to avoid paying them overtime pay
Employees rights regarding "off the clock" work:
- employers must not allow an employee to work if they do not want to pay for it
- employers are responsible for paying for work, even if employees:
- work voluntarily
- hide the work from management
- agree not to seek compensation
- settle their claim out of court
- employees are often awarded double the back pay owed to them
- employers are responsible for paying for an employee's lawyer, plus damages, if they loose their case
- employees can claim up to three years back pay to bring suit for unpaid time worked
If you have been pressured to work "off the clock" without pay, please complete the form and your complaint will be evaluated at no cost to you.
OFF THE CLOCK NEWS
Pennsylvania Wal-Mart workers asking for an additional $62 million in damages after winning $78.5 million judgment for working off the clock and through rest breaks. (Jan-05-07) Mcall: Off the Clock Overtime
A district judge has certified a class-action lawsuit filed by four Minnesota women seeking compensation for more than 65,000 current and former Wal-Mart workers in the state. (Nov-06-06) USA Today: Unpaid Overtime
Wal-Mart must pay at least $62 million to compensate employees who were forced to work off the clock. (Oct-13-06) ABC News: Overtime
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