OFF-THE-CLOCK WORK VIOLATIONS

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Off-the-Clock Work Violations: Are You Working Without Pay?

What is Off-the-Clock Work?

Off-the-clock work includes any job-related tasks that you perform outside of your paid hours. Employers often try to get “free labor” from workers by pressuring them to show up early, stay late, or work through breaks—without tracking or paying for that time.

You may be entitled to back pay and overtime compensation for all unpaid work, even if you didn’t formally “clock in.”

Examples of Off-the-Clock Violations

Off-the-clock work violations happen across many industries, from restaurants and retail to warehouses, healthcare, and construction.  Common examples include:

  • Pre-Shift Setup: Arriving early to prepare materials or review schedules before your shift.
  • Post-Shift Duties: Staying late to clean up or finish paperwork without logging time.
  • Working Through Breaks: Performing tasks during unpaid lunch or rest breaks.
  • Unpaid Travel Time: Traveling from a meeting point to the job site without compensation.
  • After-Hours Communication: Responding to emails, texts, or work messages on personal time.
  • Mandatory Off-the-Clock Meetings: Attending unpaid work-related meetings or trainings.

If your employer knows—or should know—that you’re doing this work, they are legally required to pay you for it.

Why is Off-the-Clock Work Illegal?

Under the Fair Labor Standards Act (FLSA) and Pennsylvania wage laws, employers must pay non-exempt employees for all hours worked, including overtime after 40 hours per week.

Therefore, it is illegal for employers to:

  • Force or pressure employees to work without pay.
  • Fail to record work performed outside scheduled shifts.
  • Require unpaid “volunteer” time for mandatory tasks.

Even if the off-the-clock work seems minor, it adds up—and the law is on your side.

Who is Most at Risk for Off-the-Clock Violations?

Off-the-clock work violations can happen in any industry, but we frequently see violations among:

  • Restaurant and hospitality workers.
  • Retail employees.
  • Warehouse workers.
  • Healthcare staff.
  • Delivery drivers.

What are Your Rights if You’ve Worked Off-the-Clock?

If you’ve worked off-the-clock, you may be entitled to:

  • Unpaid Overtime Wages: For hours worked over 40 in a week.
  • Back Pay: For minimum wage or wage theft violations.
  • Double Damages: In cases of willful violations.
  • Legal Fees: Employers may be responsible for covering the legal fees and costs incurred by employees in pursuing legal action for off-the-clock violations.
  • Protection from Retaliation:  It’s illegal for your employer to punish you for asserting your rights.

Take Action: What to do if You’re Working Without Pay

(1) Document everything: Keep a personal record of hours worked, including tasks before/after your shift or during breaks.

(2) Save messages: Keep texts, emails, or schedules that show you were asked to work off the clock.

(3) Talk to a wage and hour attorney: Don’t wait. The sooner you act, the sooner you can recover what you’re owed.

Why Workers Choose Mobilio Wood

At Mobilio Wood, we know how employers bend the rules to exploit workers—and we know how to hold them accountable.  Our team has recovered unpaid wages for employees across Pennsylvania in individual and class action cases.  We offer:

  • Free consultations.
  • No fees unless we win.
  • Aggressive legal representation in class action and individual cases.

You work hard.  You deserve every dollar you’ve earned.

Contact Us Today

If you’re working off the clock—even just a few minutes per day—your employer may owe you significant unpaid wages.  Let our team help you fight back.

Contact Mobilio Wood today

Online or by telephone to speak to our attorneys. We serve all of Eastern Pennsylvania including the Lehigh Valley, as well as the counties of Bucks, Carbon, Monroe, Montgomery, Lackawanna, Luzerne, Delaware and Philadelphia!