Virginia Off-The-Clock Work Lawyer

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An employee who works before their shift begins or stays working after their shift ends should be paid for that time. The law states that, unless it is a minimal amount of time, employers must pay employees for extra hours. For example, if an employee needs to do various administrative tasks before their shift starts, they should be paid for that time. Similarly, if a salesperson’s shift ends at 5:00 p.m. and there are several customers still in the store, they may have to stay and work until 5:15 p.m. and they should be paid for that time.

Unfortunately, some employers may refuse to compensate their workers for their extra hours. If you worked for more time than you were mandated and your wages are being withheld, call a Virginia off-the-clock work lawyer. A seasoned wage disputes attorney at Spiggle Law could help you establish the hours you worked and determine whether you qualify to pursue compensation from your employer.

Evidence of Working Off-the-Clock

Time clocks provide evidence of how much an employee has worked, but whether the employee has not punched in or they have already punched out does not impact an employee’s right to payment. If a time clock does not accurately reflect the hours that an employee worked, it is recommended that they correct their time card either that day or later in the week. Employees who are required to sign their time sheets regularly should adjust them as needed.

Other evidence could be used to establish that an employee worked more than the time records show, such as testimony from the employee or from co-workers. There may also be work-related emails or instant messages that an employee sent after hours. For example, if a time record shows that an employee left at 5:00 p.m. but sent or responded to emails later that evening, that is evidence the employee was doing work beyond what the time clock shows. A Virginia off-the-clock work attorney could help claimants gather any evidence that may advocate for their extra working hours to present in a claim.

Straight Time Versus Overtime in Virginia

Straight time pay is an employee’s regular rate of pay for regularly scheduled hours, whereas overtime pay is an increased rate of pay for working additional hours. An employer could pay straight time instead of overtime if a worker is an independent contractor or is exempt from the overtime requirements defined by the Fair Labor Standards Acts. In other words, an employer may pay the regular hourly rate to an employee for their overtime work under qualifying circumstances.


Employees protected by the Fair Labor Standards Act must be paid one and a half times their regular rate for the overtime hours that they work. If an employee is exempt from the FLSA, their employer does not have to pay the overtime rate at all. Further, salary employees would not get paid more for overtime hours, but their employers may voluntarily agree to pay them more for overtime work as a bonus or benefit of employment. Under those circumstances, overtime would be a matter of agreement between parties and might not be legally required under the Fair Labor Standards Act.

Taking Work Home

It does not matter if an employee took their work home because they should still be paid for it regardless of where they worked. For example, if an hourly employee needs to take some work home and work on it after hours or on a weekend, they should still be paid for that work time even if it was not in the office. An off-the-clock work lawyer in Virginia can assess any off-site, extra work someone did to help prove that they earned extra wages.

Call a Virginia Off-the-Clock Work Attorney Today

If you have worked more than is required of you, you should be paid for that extra time. Further, if your employer is refusing to pay you for your extra hours, you may be entitled to pursue compensation for your losses. A Virginia off-the-clock work lawyer could help you establish when you put in extra time, how much extra time you worked, and your exemption status for FLSA protections as well as organize the evidence and advocate for your right to payment in court and before a jury. Call our firm today to schedule an initial consultation with experienced legal counsel. Also, to see how much your case is worth, check out our free case assessment calculcator here.