How to Document Off-the-Clock Work Violations

An off-the-clock violation occurs when an employer requires or allows employees to perform work without compensation. This can happen when employees are asked to complete tasks before clocking in, after clocking out, or during unpaid breaks. Examples include answering emails, preparing workstations, cleaning up after shifts, or attending meetings outside paid hours. These violations are illegal under the Fair Labor Standards Act (FLSA), which mandates that employees must be paid for all hours worked.

Why Is Accurate Record Keeping Important?

Accurate record-keeping is crucial in proving off-the-clock violations and recovering unpaid wages. Without proper documentation, it can be challenging to establish that unpaid work was performed and to calculate the exact amount of compensation owed. Maintaining detailed records helps build a strong case, demonstrating a pattern of violations and supporting your claims with concrete evidence.

Evidence for Proving Off-the-Clock Violations

To successfully prove off-the-clock violations, it’s essential to gather and preserve various forms of evidence. This evidence can include:

  1. Personal Logs: Detailed records of hours worked, including start and end times for each shift, breaks, and any additional time spent on work-related tasks outside regular hours.
  2. Emails and Messages: Communication that shows instructions to perform tasks off-the-clock, such as emails, text messages, or instant messages from supervisors.
  3. Witness Statements: Testimonies from colleagues who witnessed the off-the-clock work or who have experienced similar violations.
  4. Work Schedules and Timesheets: Official work schedules, timesheets, and payroll records that can be compared against personal logs to highlight discrepancies.
  5. Photographs and Videos: Visual evidence, such as photographs or videos showing employees working off-the-clock.

Keep a Log of Hours Worked

Maintaining a detailed log of hours worked is one of the most effective ways to document off-the-clock violations. Here’s how to keep an accurate log:

  1. Record Start and End Times: Note the exact time you begin and end your shift, as well as any additional tasks performed outside these hours.
  2. Document Breaks: Record the duration and timing of your breaks, noting whether you were required to perform any work during these periods.
  3. Describe Tasks: Provide brief descriptions of the tasks performed off-the-clock, including the nature of the work and any instructions received.
  4. Update Regularly: Maintain your log daily to ensure accuracy and completeness. Consistent updates help prevent omissions and errors.

Preserve Documentation

In addition to keeping a log, it’s important to preserve all relevant documentation that can support your claims. This can include:

  1. Emails and Messages: Save copies of all work-related emails, texts, and messages that indicate instructions to work off-the-clock.
  2. Schedules and Timesheets: Keep copies of your official work schedules and timesheets. Compare these with your personal log to identify discrepancies.
  3. Pay Stubs: Retain pay stubs and payroll records to demonstrate the lack of compensation for off-the-clock work.
  4. Witness Statements: Collect written statements from coworkers who can corroborate your claims.

Can I Recover Unpaid Wages?

Yes, you can recover unpaid wages resulting from off-the-clock violations. To do so, you may need to file a wage claim with the appropriate state labor department or pursue legal action with the help of a wage theft lawyer. Here’s the process:

  1. Gather Evidence: Compile all the evidence you’ve collected, including logs, emails, messages, schedules, and witness statements.
  2. Consult a Wage Theft Lawyer: Seek advice from a lawyer who specializes in wage theft and off-the-clock work violations. They can assess the strength of your case and guide you through the legal process.
  3. File a Claim: Depending on the circumstances, you may need to file a claim with your state’s labor department or pursue a lawsuit against your employer.
  4. Attend Hearings: Be prepared to present your evidence at hearings or in court. Your lawyer will help you build a compelling case.
  5. Recover Damages: If your claim is successful, you may be awarded back pay for the unpaid hours worked, as well as additional damages in some cases.
Rylie Holt