Ferraro Vega Employment Lawyers help workers in Tacoma when they face unpaid wages. A lot of different situations can lead to you not being paid fairly, but one of the most common is when you’re asked to work “off the clock.” Our team can help you understand your options, then move forward. Set up a free consultation today to learn more.
Should I Get a Lawyer?
Being asked to work off the clock is more common than most people realize in Tacoma—whether you’re in retail, healthcare, tech, or a warehouse. Maybe your manager asks you to finish a task after your shift, check emails at home, or stay late without adjusting your hours. It can be awkward to speak up. You might (rightly) worry about losing your job or being labeled a “troublemaker.” But when off-the-clock work becomes routine, it’s not just unfair—it’s illegal. That’s when you should think about getting a lawyer, and here’s what our team can do for you:
- Explain your rights in plain language. You’ll know exactly what counts as work time and what you’re owed.
- Review your pay and time records. We’ll help you spot missing hours, overtime, or other unpaid work.
- Handle communications with your employer. You shouldn’t have to chase your own paycheck.
- Take legal action if needed. If your employer refuses to pay, we’ll guide you through filing claims or lawsuits.
The longer off-the-clock work goes unaddressed, the harder it can be to prove. If something doesn’t feel right, it’s worth exploring your options. And that’s when our team will be there to help.
What Evidence Helps With an Off-the-Clock Unpaid Wage Claim?
Proving off-the-clock work is all about building a clear timeline of:
- What you worked
- What you were promised, and;
- What you were actually paid
Thankfully, having a paper trail is fairly simple. But again, your employer isn’t just going to outright admit that they didn’t do what they were supposed to do. That’s when evidence is crucial, and here’s what can really help you:
- Pay stubs and bank deposits. These show what you were paid and whether your recorded hours match your memory. Missing overtime, bonuses, or tips are important clues.
- Work schedules or time records. Photos, screenshots, or app records can show when you worked, including early shifts, late stays, or split shifts.
- Messages with your employer. These can be critical. Texts, emails, or memos asking you to work before or after your shift, skip breaks, or stay on call can back up your claim.
- Employee handbooks, contracts, or offer letters. These outline what your employer promised regarding pay, breaks, and overtime. If they’re not following their own rules, that strengthens your case.
- Coworker statements. If others are going through the same off-the-clock expectations, their accounts help show it’s not a one-time mistake.
Even if you don’t have everything perfectly in order, we can help get additional records from your employer and build a complete picture of the hours you worked. But that isn’t the whole picture. It’s also important to know how the law works when it comes to being asked to work off the clock.
When Is Working Off the Clock Illegal?
Everyone that goes to work knows that they might be asked to help out occasionally—staying a few minutes late, covering a shift, or attending a short meeting. While this is normal, things change when your employer expects it regularly. At that point, it becomes a legal issue, and situations to watch for usually involve:
- Working before or after your scheduled shift. Preparing equipment, cleaning, stocking, or finishing tasks without being clocked in counts as work.
- Being on call or restricted. Waiting nearby for assignments, staying in a certain area, or being available to answer work calls outside your shift is usually paid time.
- After-hours messages or emails. Responding to work requests at night or on your day off, when your employer benefits, counts as work time.
- Unpaid overtime. Hours over 40 per week must be paid at time-and-a-half. Employers can’t dodge this by asking you to work off the books or editing time records.
- Skipped meal or rest breaks. Being forced to work through breaks or clock out while continuing to work is a violation.
- Required training or meetings outside your shift. Any mandatory activity that benefits your employer—like a staff meeting, safety briefing, or online training—counts as work time.
These situations happen across industries in Tacoma—from offices downtown to warehouses in Fife, retail in the Proctor District, hospitals near St. Joseph, and local restaurants. If your employer benefits from your work, you should be paid for it. If they don’t, you have certain options.
What Can I Do About Off-the-Clock Work and Unpaid Wages?
When you’re asked to work off the clock and aren’t paid for it, it amounts to what’s known as an “unpaid wage” claim. That opens the door to certain options for getting that money back, and it doesn’t always have to happen inside a courtroom. Here’s what your options are, and when you should use them:
- File a complaint with L&I. The Washington Department of Labor & Industries investigates wage complaints. They review your records, request information from your employer, and can order payment for your lost wages, including penalties. This process is often faster and less formal because it happens outside of court.
- File a lawsuit in court. If you’ve lost significant pay or L&I doesn’t resolve things, the next step is to file a lawsuit against your employer in civil court. It takes more time and effort, but means you can recover “damages” like:
- Unpaid wages
- “Liquidated” damages (often double the lost wages)
- Emotional distress in some cases
- Attorney’s fees and court costs
If multiple employees are being asked to work off the clock–which is quite common–another option is to combine the claims into a class action lawsuit. This is where you and your other coworkers can band together, use the same evidence, and split any damages amongst each other.
However, timing is important. Most claims must be filed within three years of your last paycheck. Starting sooner keeps records accurate, strengthens your claim, and improves the chances of getting everything you’re owed.
Get Help in Tacoma When You’re Facing Working Off the Clock Wage Loss
Being asked to work off the clock can feel stressful and unfair. You might worry about keeping your job or where to even start.
At Ferraro Vega Employment Lawyers, we help Tacoma workers get what they’re owed. We’ll review your situation, explain your options in plain language, and guide you through every step. Set up a free consultation today to get started.
