“Off-the-Clock” Work


Working off the clock is illegal under the Fair Labor Standards Act (FLSA) and Pennsylvania state laws. Employers are not allowed to ask you to come in early or stay late to complete additional work without compensating you. If these additional hours are overtime, they must pay you 1.5 times your normal hourly rate (including the hourly rate calculated for overtime-eligible salaried employees). Businesses are also prohibited from allowing employees to voluntarily complete unpaid work. 

When employers violate these laws by allowing or requiring workers to complete unpaid labor, the employees are entitled to recover backpay and may be eligible for other damages. This could add up to a significant sum, especially if the employer withheld pay or underpaid their workers for several years. Employers who habitually violate these laws may also be required to compensate several employees across the company, quickly adding up to substantial settlements. 

If your employer violated Philadelphia’s off-the-clock work laws, we invite you to contact Winebrake & Santillo to discuss your rights.

Working Off the Clock in Pennsylvania

Many people are illegally asked or pressured to complete unpaid labor, from restaurant workers to warehouse workers. However, no matter the circumstances, employers must pay employees for the time they spend working. This is true for hourly and overtime-eligible salary employees. Even employees who are not eligible for overtime pay have protections safeguarding their labor rights, such as highly paid executives and specific technology professionals. Although all businesses must compensate workers for missed wages, employers that intentionally violate Philadelphia’s off-the-clock work laws may be ordered to pay additional liquidated damages. 

Common Types of Unpaid Off-the-Clock Work in Philadelphia

  • Coming in early or staying late to help with setup or closing duties
  • Helping colleagues finish projects outside of your work hours
  • Working through lunch breaks to meet deadlines
  • Meeting with supervisors outside of work hours
  • Spending hours prepping machinery or putting on special equipment
  • Working unpaid overtime

Contact Winebrake & Santillo online or by calling (215) 866-1551 today!

Recovering Unpaid Wages for Off-the-Clock Work

Employment law attorneys play an instrumental role in helping individuals who were compelled to work off-the-clock without compensation. These legal professionals have an in-depth understanding of labor law intricacies and can help aggrieved individuals navigate the often complex process of claiming unpaid wages. These lawyers work tirelessly to ensure that employees' rights are upheld, and to ensure those workers receive compensation for their valuable work. An attorney can assess your situation, gather necessary evidence, and effectively communicate your case in court to ensure you receive the wages you have rightfully earned.

The services that employment law attorneys provide to their clients include:

  • Offering a thorough review and evaluation of your situation to determine if you're eligible to make a claim for unpaid wages.
  • Collecting and organizing evidence to substantiate your off-the-clock work claim.
  • Skillfully negotiating with your employer or their legal team to seek fair compensation.
  • Filing necessary documents and managing legal paperwork.
  • Representing you in court, if necessary, and arguing your case before a judge or jury.
  • Guiding you through the appeals process if initial claims are denied.
  • Offering legal advice and support throughout the entire legal process.

Let Winebrake & Santillo Defend Your Rights

At Winebrake & Santillo, we’ve had tremendous success representing workers whose employers required them to work off the clock. In fact, we’ve litigated more wage and hour cases than any other firm in Pennsylvania and have a strong record of securing favorable settlements for our clients. With over 70 years of combined experience, you can feel confident knowing that you’re partnering with a firm that has the insight and knowledge needed to aggressively pursue an optimal resolution to your case. 

Call (215) 866-1551 to request a free consultation to discuss whether you are entitled to compensation for unpaid labor.

  • “Winebrake & Santillo has a considerable record in employment matters.” - Ricci v. Newrez LLC, 2023 U.S. Dist. LEXIS 186727, at *23 (E.D. Pa. Oct. 17, 2023)
  • “Have significant experience in similar matters under the [Pennsylvania Minimum Wage Act]” - Torres v. Brandsafway Indus. LLC, 2023 U.S. Dist. LEXIS 10631, at *8 (W.D. Pa. Jan. 20, 2023).
  • “I highly recommend this law firm.” - Brandon

    Contact Our Firm

    Fill Out the Form Below to Get Started

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.
    • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy