An employee must be paid for all time that she or he works. This requirement is in addition to overtime and minimum wage laws.

If your employer has agreed to pay you a set wage, then you must be paid at least that wage for all time worked. The employer and employee have an agreement (regardless of whether it is in writing) to pay a set wage for time worked. This agreement is a legally-binding contract. That means that employers cannot require employees to work off the clock. Common examples of unpaid time include:

• Timekeeping systems that automatically deduct break times, resulting in employees working time that they are not paid.
• Requiring employees to come in prior to start time, but not punch in.
• Requiring employees stay late and work after clocking out.
• Requiring employees to work without being paid to avoid hitting overtime requirements.
• Putting on a uniform or work clothes before punching in (also known as “donning”).
• Taking off work equipment or uniform while off the clock (also known as “doffing”).

The employment attorneys at Kitzer Rochel handle claims for unpaid wages, sometimes called “unpaid straight time” claims or breach of contract. If you have not been paid for time that you worked, you may be able to bring a claim to recover your unpaid wages, substantial statutory penalties, attorney’s fees, costs, and interest. Call or email us to learn more.