Off-the-clock work for non-exempt employees is prohibited under both state law and the Fair Labor Standards Act. If you are required to work off-the-clock, you may have a claim for damages and penalties. If your off-the-clock work would be overtime, you also have a claim for unpaid overtime wages.
Examples of “off-the-clock” work include:
- Changing into uniforms and putting on safety equipment (“donning and doffing”)
- Loading or warming up a work vehicle
- Booting up computers
- Going through safety checks
- Working through lunch breaks
- Pre- or post-shift meetings
- Finishing work that “should have been finished” during the shift
- Cleaning up or preparing/setting up (for instance, in a restaurant)
- Dropping off equipment after a shift