Fidlon Legal, PC HomeOff-the-Clock Violations
The Fair Labor Standards Act (FLSA) requires employers to pay employees for all hours worked - not just scheduled shifts. In Georgia, many workers lose wages when they are asked or pressured to perform job duties “off the clock.”
Off-the-clock work is illegal if the employer knows (or should know) that the work is being performed. Unfortunately, many employers in Atlanta and throughout Georgia take advantage of workers by ignoring this rule.
If you have been required to work without pay, you may have a valid claim for unpaid wages and overtime.
Examples of Off-the-Clock WorkOff-the-clock violations happen across industries - from restaurants and retail to healthcare, logistics, and construction. Common situations include:
- Pre-shift or post-shift work - Setting up, cleaning up, or preparing equipment before or after clocking in/out.
- Donning and doffing gear - Putting on or removing uniforms, protective gear, or retrieving tools required for the job.
- Work during breaks - Answering phones, helping customers, or completing tasks during unpaid meal breaks.
- Required training - Attending meetings, orientations, or safety training without pay.
- Remote work - Responding to emails, texts, or calls outside of normal working hours.
- Travel time - Time spent traveling between job sites during the workday.
Even if you were told not to clock in, if your employer “suffered or permitted” you to work, the time is compensable under the FLSA.
Why Off-the-Clock Work Matters in Overtime ClaimsOff-the-clock work often pushes employees over 40 hours per week, triggering unpaid overtime wages. For example:
- An employee scheduled for 40 hours may actually work 45 with pre- and post-shift duties.
- If those extra 5 hours are unpaid, the employer not only violates the minimum wage law but also the FLSA overtime requirement.
In Atlanta and throughout Georgia, unpaid overtime claims often begin with off-the-clock work violations.
Remedies Available to Georgia WorkersIf your employer fails to pay for off-the-clock work, you may be entitled to:
- Unpaid wages for all off-the-clock hours
- Overtime pay for hours worked beyond 40 per week
- Liquidated damages, doubling the amount owed
- Attorney’s fees and court costs
- Protection from retaliation if you assert your rights
For willful violations, you may recover up to 3 years of back pay.
Why Choose Our Atlanta Wage and Hour Lawyers- Experienced in FLSA wage and hour litigation across Georgia
- Success in recovering unpaid wages for employees in diverse industries
- Ability to pursue collective actions where multiple employees share the same violations
- Local knowledge of Atlanta courts and the Department of Labor
Is off-the-clock work always illegal?
Yes - if your employer knows or should know you are working, they must pay you for that time. Under the Fair Labor Standards Act (FLSA), all hours worked must be compensated, including overtime when applicable.
What if my employer says I must work “off the clock” to keep my job?That is illegal. Employers cannot pressure employees to work without pay, regardless of whether it’s “voluntary” or implied. You are entitled to be paid for all time spent performing work-related tasks.
Does answering emails or calls from home count as off-the-clock work?Yes. If you are performing work-related tasks outside of scheduled hours, including responding to texts, emails, or calls, you must be compensated.
What about pre-shift or post-shift duties?Activities such as putting on protective gear, preparing workstations, or closing out registers often count as compensable time. If these duties push you over 40 hours in a week, you may be owed overtime pay.
Can my employer deduct meal breaks if I work during them?No. If you are required to perform any work during a meal or rest break, that time must be paid. Automatic meal break deductions that don’t reflect actual work practices often lead to FLSA violations.
How do I prove off-the-clock work if my employer denies it happened?You can use witness testimony, schedules, time-stamped emails, text messages, or any other documentation showing you performed unpaid work. Courts often credit employee testimony when records are lacking.
How much time do I have to file an off-the-clock claim in Georgia?Employees generally have 2 years to file an FLSA claim, or 3 years if the employer’s violation was willful.
What damages can I recover for off-the-clock violations?You may be entitled to:
- Unpaid wages and overtime
- Liquidated damages (doubling the unpaid wages)
- Attorney’s fees and costs
No. Retaliation for asserting your wage rights is prohibited by the FLSA. If retaliation occurs, you may bring an additional claim for damages.
Speak With an Atlanta Wage and Hour AttorneyIf you’ve been asked to work off the clock in Atlanta or anywhere in Georgia, you may be entitled to significant unpaid wages and overtime. Our mission is to make sure you are paid for every minute you work.
Contact the leading Atlanta wage and hour lawyers at Fidlon Legal today for a confidential free case evaluation. We’ll review your case, explain your rights, and fight to recover every dollar you’ve earned.
