Your employer may NEVER require you to work (or even remain on premises) while you're off the clock


Off the clock work is ALWAYS illegal - saving labor is not a valid excuse

Requiring any off-the-clock work is ILLEGAL


"Clock out - we need to save labor" is an all too familiar phrase for anyone in the service industry. 


At no time whatsoever during your employment may you be legally required to do work while not off the clock. It's completely illegal.



What about "On-Call" shifts?


Can my employer require me to remain "on-call" but not pay me?


The answer to this question depends on whether you're on business premises...


ON PREMISES: If your employer requires you to stay off the clock yet remain on premises, YOU ARE ENTITLED TO BE PAID FOR ALL SUCH TIME.


  • For example: If you're a server and your boss requires you to wait around at the restaurant until she determines whether you're needed, she has to pay you for that time.


OFF PREMISESYour employer may, however, place you "on-call" and not pay you as long as it does not require you to perform any labor or remain in any given place until your employer calls you into work.

Your employer MUST pay you for ALL of the time you spend under its control.


If your employer violates this provision,

you may be entitled to recover TWICE or even THREE TIMES the amount you're owed.

My former employer regularly required me to work off the clock. How can I recover for that?



The FLSA allows you to recover:

  • Back Pay (unpaid wages owed to you),

  • An Additional Equal Amount of Back Pay (thus, totaling TWICE the amount of unpaid wages owed to you - though Arizona law may allow an even greater recovery).

  • Attorney Fees & Costs incurred in pursuing your unpaid wages.


If you believe you have a claim, speak with an attorney immediately regarding your rights and options.


Call TODAY for a FREE consultation

(480) 382-5176

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DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.