NEW YORK WORKERS’ RIGHTS

OFF-THE-CLOCK WORK

Do you perform work before clocking in, after clocking out, or from home without being paid?

Time that your employer knows or permits you to work may be compensable, even when it occurs outside your scheduled hours.

Employee performing work-related tasks from home outside scheduled hours
Restaurant worker cleaning the kitchen after a shift

COMMON EXAMPLES

WORK DOES NOT ALWAYS END WHEN YOU CLOCK OUT

Off-the-clock work may include small tasks that happen every day. When added together, those tasks may represent a significant amount of unpaid working time.

  • Preparing tools, equipment, or a workstation before clocking in.
  • Cleaning, closing, organizing, or completing reports after clocking out.
  • Responding to work-related calls, messages, emails, or instructions from home.
  • Completing paperwork, records, training, or administrative tasks without recording the time.
  • Continuing to work because a supervisor requires you to finish a task outside your recorded hours.

INFORMATION THAT MAY HELP

DOCUMENT THE TIME YOU ACTUALLY WORK

Keep information that may help compare your recorded hours with the work you actually performed.

01

Clock-In and Clock-Out Records

Save screenshots from timekeeping applications, attendance records, and work schedules.

02

Messages and Emails

Keep instructions, calls, messages, or emails sent before or after your scheduled shift.

03

Pay Stubs

Compare the hours you were paid for with your schedules and the time you actually worked.

04

Notes and Photographs

Record dates, tasks, and duration. Photographs and application records may also be helpful.

DID YOU KNOW?

INFORMATION ABOUT HOURS WORKED

Select a question to see more information.

Work that an employer knows about or permits may be compensable. The answer depends on the specific facts, the nature of the task, and other circumstances.

It may count when you perform work-related tasks such as responding to messages, preparing reports, or completing work required or permitted by your employer.

Internal authorization policies do not necessarily remove an employer’s obligation to pay for work it knows about or permits. Document the instructions you receive and the time you work.

Yes. If the additional time raises your total hours above the applicable threshold during the workweek, it may affect your overtime calculation. Exceptions may apply, and every situation should be reviewed individually.

GET MORE INFORMATION

DID YOU WORK TIME THAT DOES NOT APPEAR IN YOUR PAY?

Schedule a free consultation so we can learn more about your schedule, the tasks you performed, and your possible claim.

ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome. This information is general and does not constitute legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.