For many employees, the workday doesn’t start with the punch of a time clock—it begins the moment they sit down at their desks, often well before their scheduled shift. Whether you’re replying to emails, preparing reports, or getting a head start on your tasks, this early work might qualify as unpaid overtime. But is it legal for your employer to expect or benefit from this time without compensation?
At NJ Employment Lawyers, LLC, we understand the complexities of wage and hour law in New Jersey. Our goal is to make sure that all employees are paid fairly for the time they dedicate to their jobs—including the time that often goes unnoticed.
Understanding Overtime Laws in New Jersey
Under both the Fair Labor Standards Act (FLSA) and New Jersey’s wage and hour laws, non-exempt employees are entitled to overtime pay for any hours worked over 40 in a workweek. Overtime is typically paid at a rate of 1.5 times the employee’s regular hourly wage.
The key issue is this: if your employer “suffers or permits” you to work, even if you weren’t explicitly asked to do so, they may be legally required to pay you for that time. That includes the minutes—or hours—you spend working before your official start time.
Examples of Potentially Compensable Early Work
- Logging into your work system or checking emails before clocking in
- Setting up equipment or workspaces in preparation for a shift
- Attending meetings, training, or calls scheduled before your scheduled start time
- Responding to work messages during your commute or off-the-clock hours
While a few minutes here and there may seem minor, they can add up over time—and so can the unpaid wages you are owed.
What Does the Law Say?
The law generally favors employees in these situations. If your employer knows or has reason to know you are working before your shift, and they benefit from it, they are likely required to compensate you. This includes indirect pressure to arrive early or a culture that rewards being at your desk before your official hours.
Additionally, an employer cannot avoid paying overtime simply by having a policy against it. If you’re working early and the employer knows it, that work time must be paid.
Steps to Take If You’re Working Off the Clock
- Track Your Time: Keep a personal log of when you start and end your workday, including early tasks.
- Ask About Policies: Review your employer’s timekeeping and overtime policies. If they’re unclear, ask HR for clarification.
- Raise the Issue Professionally: Let your supervisor or HR department know about your early work and inquire about compensation.
- Contact an Employment Attorney: If the issue continues or you’re concerned about retaliation, legal guidance is key.
You work hard—and all your work deserves to be fairly compensated.
We’re Here to Help You Get Paid What You’re Owed
At NJ Employment Lawyers, LLC, we help employees across New Jersey who have been shortchanged on wages or denied overtime pay. Whether the issue involves early desk time, after-hours emails, or off-the-clock meetings, we’re here to help you understand your rights and pursue the pay you’ve earned.
If you’re unsure whether your early work qualifies for overtime, visit our resource on desk time and overtime rules in New Jersey.
Contact Information
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027
You give your time—make sure you’re getting paid for it.
