The Buenker Law Firm

Off-The-Clock Wage Theft

Mar 15, 2018 @ 12:38 PM — by Josef Buenker
Tagged with: Off The Clock Houston Overtime Attorney Houston Overtime Houston Wage And Hour Attorney Houston Wage And Hour Law Houston

             One question we ask all prospective clients when we first interview them is whether they believe that they were paid for all the time spent working for their employer.  The answer is usually “yes,” but we often find that workers don’t always know when they should be paid for their time.

Off-the-Clock Wage Theft Can Be Obvious

             Sometimes off-the-clock claims are obvious: When an employer tells workers that they have to start working at 8 o’clock but don’t get clocked in until 8:30, the violation is pretty obvious – the employer is stealing 30 minutes of time from the employee each day.  Similarly, when a restaurant worker is told that she needs to clock out at 10:30 p.m. and return to work to finish cleaning the restaurant after closing, any time worked after 10:30 amounts to wage theft.  However, off-the-clock wage theft is not always so obvious.

Company Meetings

            Sometimes employees are told that they are required to attend meetings for various reasons, and sometimes these meetings are not held on company time – in other words, off-the-clock. Some examples of this practice that we have seen are:

If an employer requires its workers to attend a meeting outside of normal business hours, the employer is required to pay the employees for that time – it is considered compensable time because it is for the company’s benefit.

Meal Breaks

            We have seen a number of instances of wage theft related to meal breaks.  Sometimes employers automatically deduct time for meal breaks; sometimes employees can eat but also perform work during their meal period.  Some examples:

An employer does not have to pay its employees for a meal break if the employee is actually taking a break from working – the employee must be totally relieved from all duties during the break.  If the employee is performing service for the employer, even just sitting at the receptionist’s desk and catching the phones, then the employer must pay for the break time.

Drive Time

            Many employers do not properly pay their employees for drive time.  Sometimes that drive time is at the beginning or end of the day and sometimes throughout the day.  Some examples of drive time wage theft are:

An employer must pay employees for all drive time that is for the benefit of the employer.  This does not include time spent commuting to and from work, but does generally include all driving during the work day.

            Employees should be aware of their right to be paid for all time spent working for the benefit of their employer.  If you have questions regarding whether your employer is paying you correctly, you should speak to an attorney knowledgeable in wage and hour matters.