“Off-the-Clock” Work

Off-The-Clock Work Laws in Philadelphia

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.

  • “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).
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    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. 

    Working off the clock can take many forms, some examples include: 

    • 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

    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.

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