Many employees across New Jersey are told—directly or indirectly—that they need to be at their desks or workstations before their official start time. But if you’re not getting paid for those extra minutes, is that legal? At NJ Employment Lawyers, LLC, we routinely help workers determine if they’re entitled to unpaid wages or overtime for pre-shift responsibilities.
What the Law Says About “Hours Worked”
Under both the Fair Labor Standards Act (FLSA) and the New Jersey Wage and Hour Law, employers are required to pay non-exempt employees for all time spent performing work-related duties. This includes time before or after scheduled shifts if it benefits the employer.
Examples of unpaid work time that may qualify as compensable include:
- Starting up your computer or logging in to systems
- Reviewing schedules, emails, or instructions
- Attending pre-shift meetings
- Gathering tools or setting up equipment
If you’re expected to complete these tasks before clocking in, or if your employer has an unspoken expectation that “early is on time,” you could be entitled to back pay for those minutes each day—especially if they add up to more than 40 hours per week.
Does It Count as Overtime?
If your pre-shift work causes your total hours to exceed 40 in one week, you may be entitled to overtime pay at 1.5 times your regular hourly rate. Employers who fail to pay this can face serious legal and financial consequences.
Even if the extra work only lasts 10–15 minutes per day, those minutes accumulate. Over time, they can result in significant unpaid wages—especially for hourly employees who consistently arrive early to meet company expectations.
How to Protect Your Rights
If you believe you are owed overtime or wages for early arrival, consider the following steps:
- Track your time: Keep your own records of when you arrive, begin work-related tasks, and clock in.
- Raise the issue internally: Ask HR or management about pay policies related to pre-shift work.
- Consult an employment attorney: A lawyer can help you assess whether you have a valid claim and file for unpaid wages.
At NJ Employment Lawyers, LLC, we’ve helped employees recover unpaid wages and overtime for time they were pressured to work without pay. If you’ve been showing up early and not getting paid for it, your employer may be violating wage laws—even unintentionally.
To dive deeper into this topic, read our article on whether being at your desk early counts as overtime.
Contact NJ Employment Lawyers, LLC
Address: 101 Eisenhower Pkwy #300, Roseland, NJ 07068
Phone: (973) 358-7027
If you’re regularly working before your shift starts, you may be entitled to compensation. NJ Employment Lawyers, LLC is here to help you understand your rights and recover what you’re owed.