Ferraro Vega Employment Lawyers help workers in Tacoma when they face unpaid wages. When you clock in at your job, you have certain legal protections that your employer has to follow. But they don’t always do that. They may ask you to complete work “off the clock” and not pay you. This is illegal, and you have options for making things right. Contact us today for a free consultation.
Do You Need a Lawyer?
Not every situation where someone is asked to work off the clock in Tacoma is going to require a lawyer. If this has happened to you, it might be a simple mistake that your employer will correct if you just talk to them directly. With that said, though, you do have certain legal options in this situation. So, while you’re not required to get a lawyer, having our team on your side can make things easier by:
- Helping you fully understand your rights and how to move forward with your case.
- Collecting the documents you need to prove you’re not being paid fairly.
- Handling any difficult conversations with your employer, so you don’t have to deal with the stress.
- Working to get you the pay you’re owed, whether it’s unpaid wages or overtime.
If we can’t resolve the issue with your employer, we’ll take legal action to make sure the problem is fixed. You don’t have to face working “off the clock” on your own. Our team is here to help you get what you’ve earned.
When is Being Asked to Work “Off the Clock” Illegal in Tacoma?
There’s obviously a difference between your boss asking you to come in a bit early to prepare for a big meeting and continually being asked to stay late after your shift and complete tasks. But, if you’re asked to do work “off the clock” and aren’t paid for it, it’s illegal. So, it’s important to be able to recognize how this usually happens:
- Working before or after your shift – If you’re told to work before your shift starts or after it ends and you’re not paid for that time, it’s against the law. You should always be paid for every minute you work, even for tasks like setting up or cleaning up.
- Not getting overtime – If you’re a non-exempt (hourly) employee, you’re entitled to overtime. If your employer asks you to work off the clock, they’re breaking the law. You still deserve overtime pay for any hours worked over 40 in a week, and you should be paid for all those extra hours.
- Required work without pay – If your employer asks you to do extra tasks, like attending meetings or training sessions, and doesn’t pay you for that time, it’s considered illegal. Even salaried employees must be paid for certain tasks like these.
- Unpaid breaks – Washington law says you get paid rest breaks and unpaid meal breaks. If your boss makes you work through them without paying you, that’s illegal.
- Unpaid prep or training time – If you have to attend meetings, training, or do extra tasks outside your shift, your employer must pay you for that time.
- On-call without pay – If your job requires you to be available and ready to work but doesn’t pay you for that time, that could be a wage violation.
- Unpaid work after hours – If your boss expects you to answer emails, take calls, or do tasks after hours, you should be paid for that time.
If you’re being asked to work off the clock and not being paid, it’s important to know this is illegal. And because it’s illegal, you have certain options to get that money back.
What Can You Do Legally If You’re Being Asked to Work Off the Clock?
You obviously don’t want to ever be in a situation where you’re not being paid for the work you do. Whether this happens on the clock or off the clock, it’s illegal under Washington law. At that point, you have a few different things you can do:
- Filing a complaint with L&I – If you’re asked to work off the clock, the first step is usually to file a claim with the Washington State Department of Labor & Industries (L&I). They investigate wage violations, including situations where you’ve worked off the clock. If L&I finds that your employer violated the law, they can order your employer to pay back wages and even fine them.
- Filing a lawsuit – If L&I doesn’t resolve the issue or you’ve missed out on significant wages, you can file a lawsuit in civil court. This process may take more time, but it can lead to a larger recovery, which may include:
- Unpaid wages and overtime.
- Back pay for missed earnings.
- Liquidated damages (extra damages for wage violations, usually double the amount you’ve missed out on).
- Emotional distress damages for the stress and anxiety your employer has caused you.
- Attorney’s fees and court costs.
- Class action lawsuit – If other employees at your workplace are also being asked to work off the clock, you might be able to band together for a class action lawsuit. This can strengthen your case and may lead to faster resolution, because it’s basically a consolidated claim where you can all share evidence.
In Washington, you generally have up to three years from your last paycheck to file a claim for unpaid wages. It’s important to act quickly if you think you’ve been asked to work off the clock.
How Can You Strengthen Your Case When You’re Asked to Work Off the Clock?
Even though it’s easy to know that you’re being asked to work off the clock, it’s not always as easy to prove that you weren’t paid for that work. And if you want to file a claim, you need strong evidence. So, here’s what you can do to strengthen your claim:
- Keep track of your work hours – Write down the hours you work each day, especially if you’re being asked to work off the clock. If your employer sets your schedule and you’re working hours outside of that schedule without payment, this can support your claim.
- Save pay and tax records – Keep your pay stubs, tax forms (W-2 or 1099), and direct deposit records. These can help prove that you weren’t paid for all the time you worked and show any missing overtime pay.
- Monitor your job duties and work schedules – Document whenever your boss or supervisor asks you to work off the clock, as well as what they ask you to do. Also document if they ask you to come in early or stay late. Changes in your schedule are also important for showing what’s atypical.
- Save communications – Keep track of any emails, text messages, Slack messages, or any other work communications where you’re asked to work “off the clock.” This written documentation can be very convincing.
- Talk with others – If other employees are also being asked to work off the clock, their testimony can strengthen your case. Co-workers can confirm details about your schedule and job duties, which could lead to a class action lawsuit.
It doesn’t matter if your employer meant to make you work off the clock or not–it’s illegal in Tacoma. This applies across all employment industries, but if you’re facing this situation, you’re looking at missing pay and financial hardship. Our team can help you understand your legal options, then support you through the process.
Contact Ferraro Vega After Being Asked to Work Off the Clock in Tacoma
If you’re being asked to work off the clock and not getting paid for it, you need a legal team that understands your rights. Ferraro Vega Employment Lawyers can look at your situation and let you know what you can do. Don’t wait–contact us today for a free consultation.