If your manager has asked you to answer emails after your shift, finish a task before you clock in or “just stay a few extra minutes” without recording it, you may be wondering if you will be paid for this time. You may also be asking: Is this legal?
Here is what you need to know: Your employer generally must pay you for all of the time that you work. That includes time spent on emails, calls, and other work tasks, even if they are performed offsite and before or after normal hours. Requiring you to work without pay is illegal, even if your employer frames it as a one-off, minor situation.
A Washington unpaid wages attorney at Justice Law Corporation can help you ensure that you are fully paid for your work. We are seasoned attorneys who have dedicated our careers to fighting for working people in pay disputes, discrimination cases, and other matters. Our lawyers represent workers in a broad range of industries and jobs who have been shortchanged by their employers.
Forcing workers to do their jobs off the clock is wage theft, no matter how you slice it. This is a common way employers take money out of their workers’ pockets. Fortunately, working people have the right to fight back through individual claims and collective action.
Common Off-the-Clock Work Violations
Employers rip off workers through off-the-clock work in various ways.
Pre- and Post-Shift Prep Work: Asking employees to arrive early to set up registers, put on uniforms or gear, boot up systems, or otherwise be ready to go the moment the clock starts. Or to do the reverse at closing, after clocking out.
‘Quick’ Questions: Calls, texts, and emails to employees during off hours, with an implicit expectation of a fast response.
Tinkering with Timecards: Rounding down hours, fudging lunch and rest breaks, and deleting overtime.
Mandatory Meetings and Training: Staff meetings before opening, shift huddles held before anyone punches in, and online training modules employees are required to complete on their own time.
Skipped Breaks: Time systems that automatically subtract lunch and rest breaks, regardless of whether you actually take them.
On-call Expectations: Requiring employees to remain reachable, carry a work phone, or be ready to come in on short notice may entitle you to compensation, depending on how much the restrictions limit your ability to use that time for your own purposes.
What is common across these and other situations is that employers normalize this kind of off-the-clock work. They frame the matter as routine, optional, or simply part of the culture of “above and beyond” performance. The reason does not matter in the eyes of the law, however. If you work, you must be paid for it.
Do Not Second-Guess Yourself: Off-the-Clock Work is Illegal
Employers often brush off questions about off-the-clock work by describing it as “only a few minutes.” The fact is that this time adds up.
A quick little extra time here and there can add up to real money over time. Many workers are eligible for overtime pay – 1.5x their normal rates – for all hours beyond 40 in a workweek. Counting all the time they spend working while off the clock may push them into overtime rates in certain weeks.
That is not to mention the risk of setting a precedent. Off-the-clock work situations can become routine over time, so much so that workers eventually feel expected to start work before their shifts, stay late, or respond to emails while they are “off.”
The law in Washington is clear: employers must pay employees for all of the time that they work. They must pay employees an agreed-upon wage and a higher rate for overtime. They also have to pay employees on regular, scheduled paydays.
The law does not create exceptions for “quick favors” or “optional” work. If your employer benefits from the work, even slightly and even in informal situations, it generally counts as compensable time.
Employers cannot bury their heads in the sand and claim they do not have to pay you because they were not aware you were working off the clock. If you did the work and your employer knew or should have known about it, based on the circumstances, you must be paid.
What to Do If You Are Being Forced to Work Off the Clock
Anyone who is forced to work off the clock has the right to fight back by filing a claim for unpaid wages.
The first step to take is to try to establish a record. In each instance of off-the-clock work, write down:
- The date and time you started and stopped
- The task you were performing
- Who asked you to do it
- Whether you clocked in/out for that time
It is crucial to keep copies or screenshots of all written communications with the people who asked you to work off the clock. This includes emails, texts, and internal messages. Store them somewhere other than a work computer or account, so that you can access them after you leave your job if needed.
The next step is to consult an experienced employment attorney. A lawyer can help you understand your rights, determine whether you have a claim, and explore your options for taking action.
Know that you are protected under the law. Employers are banned from retaliating against employees for asking about their pay, raising concerns about off-the-clock work, or filing a complaint.
You should also understand that you have the right to join together with coworkers who are being ripped off. These situations often result from employer practices or policies that affect large groups of workers. Class action lawsuits give you the power to fight back together.
A Skilled Washington Unpaid Wages Attorney Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A Washington unpaid wages attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Contact us at (360) 207-0000 to schedule a free consultation with a Washington unpaid wages attorney.
