If you are working in Nashville and your employer asks you to work off the clock, he might be committing an illegal act. In fact, for most workers, it is against the law for them to work without pay, even if they choose to do so. Some employers convince their employees to work off the clock in order to avoid paying higher overtime rates. However, the Fair Labor Standards Act (FLSA) makes this illegal.
The FLSA governs employment issues such as minimum wage and overtime rates as well as various other employee rights and protections. There are certain workers that fall out of the scope of the FLSA. In general, individuals who hold executive, administrative or professional positions often do not qualify for FLSA standards. For instance, the Chief Executtive Officer (CEO) of a corporation does not have the same protections as a low-level staff member. If you qualify for FLSA protections and your find yourself often working off the clock, the following information might help you.
Ways you might work off the clock
There are several ways that you might be working off the clock. One of the most common types of off-the-clock work includes unpaid preparation. For example, if you are a server in a restaurant, the time you spend preparing your work area for your shift is eligible for pay. Furthermore, the time you spend on post-shift tasks should also be on-the-clock work. Other ways you might be working off the clock include completing administrative duties, such as attending meetings, and rework. If you have to redo a task, this also qualifies as paid work. Even if you are at work and waiting on a project, job or assignment, your employer must pay you for this time.
Recover your backpay
Fortunately, you can take steps to recover backpay from work you have performed off the clock. You can file a complaint with the Department of Labor and receive up to three years of backpay. In addition, you might be able to receive monetary damages up to the amount of backpay your employer owes you. Furthermore, if you win your case for backpay and damages, the court might also order your employer to pay for your attorney fees.
If you have been working off the clock for you employer, you might be able to recover the wages he or she should have paid you for your time. By taking legal action, you can fight for the compensation you deserve.