Does Your Employer Have You Working “Off-the-Clock”?

Experienced Tennessee wage and hour lawyers representing employees in and around Nashville, Chattanooga, Memphis, or Jackson

Working “off-the-clock” is a term used to describe situations in which employers require employees to perform certain duties before or after their official work periods begin and end, or fail to compensate them for other kinds of work performed at the employer’s request during regular hours. This may involve activities such as booting up computers, answering e-mails or other inquiries, locking up or securing the premises, or similar kinds of work.  It may also involve requiring an employee to “clock out” during short work breaks, or while running off-premises errands for the employer such as picking up materials or making a delivery.

Because the Fair Labor Standards Act (FLSA) is very stringent in its definition of work, an employer who requires an employee to perform duties off the clock and thereby avoids including that time in overtime calculations is, in effect, committing a form of theft against the employee. If your employer requires you to spend part of your normal workday “off the clock” the Tennessee wage and hour attorneys at Gilbert Russell McWherter Scott Bobbitt, PLC would like to help you recover what you may be rightfully owed. The Firm has a long and enviable record of success advocating for employees’ rights in Tennessee and surrounding areas.

What the Wage and Hour Board (WHB) says about “off the clock” work

The Fair Labor Standards Act (FLSA) requires that covered employees who are not exempt from overtime receive at least one and one-half times their regular rates of pay for hours worked over 40 in a workweek. “Hours worked” include “all time an employee must be on duty or on the employer’s premises or at any other prescribed place of work.” It also includes “any additional time the employee is allowed (i.e., suffered or permitted) to work.” Without complete and accurate records of hours worked it is impossible to make a proper determination of overtime pay and, consequently, the employer risks violating the FLSA. The Internal Revenue Service is also concerned about the failure to count hours worked, as it deprives the government of tax revenue.

Do not work another minute off the clock. Speak with a Tennessee lawyer right away.

The attorneys at the Gilbert Firm have built a solid reputation of success as employment law advocates. We have more than eighty years’ collective experience. Because we are licensed to practice in both federal and state courts, we can represent you with equal skill and determination before both federal and state wage and hour regulatory agencies. If you believe you are being wrongfully deprived of compensation and eligibility for overtime because of an unfair practice we want to hear from you. Please call 888.354.FIRM (3476) to discuss your complaint with an experienced Tennessee wage and hour lawyer, or fill out our contact form to schedule a free, no-obligation consultation. Our offices are conveniently located in Nashville, Chattanooga, Memphis, and Jackson.