Am I entitled to overtime pay for after shift work duties?

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

If you work past the end of a shift, performing any kind of business-related duty, you are entitled to be paid for that time. In fact, your employer is legally required to pay you for it. For this reason, many employers will forbid you to work when you’re off the clock. Even something as simple as helping a customer on your way out of the building can, theoretically, get your employer in trouble if you are not paid for the time.

If you find yourself performing work duties off the clock that last more than just a minute or two, you and your employer need to take steps to ensure that this either stops happening or that your paycheck is changed to reflect this work time. If your employer is requesting that you continue working or that you complete an additional task and may be unaware that you are no longer on the clock, explaining that you already clocked out. Tell your boss you’ll get your time card and have him initial for the extra time as soon as you finish whatever it is he requested.

If your employer refuses to sign your time card, you may be able to file a formal complaint. Try speaking to your employer first, and if she does not stop making the requests, you may want to consider filing a claim or complaint with your state or federal Department of Labor. Further, if the amount of work you are doing after standard work hours results in you working over forty hours per week, you may also be entitled to overtime pay based on this extended time worked. If you believe you are entitled to these wages and that they have not been paid, you should strongly consider speaking with a lawyer. You may be entitled to back pay and other damages for your wage and hour claim, and your attorney can help you take the proper steps to file a claim with the labor board.

Case Studies: Am I entitled to overtime pay for after shift work duties?

Case Study 1: Unpaid Off-the-Clock Work

An employee regularly stays after their shift to assist customers or complete additional tasks assigned by their employer. Despite the extended work hours, the employee is not compensated for this time. The employee seeks legal advice to understand their rights and explore options for recovering the unpaid wages.

Case Study 2: Employer’s Refusal to Acknowledge Off-the-Clock Work

An employee informs their employer that they have already clocked out but are asked to perform additional work duties before leaving. The employer refuses to sign the employee’s time card to account for the extra time worked. The employee considers filing a formal complaint with the appropriate labor authority to address the issue.

Case Study 3: Overtime Pay for Extended Work Hours

An employee consistently performs work duties after their scheduled shift, resulting in a workweek exceeding forty hours. The employee believes they are entitled to overtime pay for the additional hours worked beyond the standard work hours. They consult with an attorney to assess their eligibility for overtime compensation and explore potential wage and hour claims.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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