Many employees arrive at work early to prepare for their shifts—setting up workstations, logging into systems, or attending pre-shift meetings. But is that time compensable under the law? The answer depends on the circumstances, and for many New Jersey workers, that early arrival time may legally count toward overtime. At NJ Employment Lawyers, LLC, we help employees understand their rights and recover unpaid wages when employers fail to follow wage and hour laws.
What the Law Says About Overtime
Under the Fair Labor Standards Act (FLSA) and New Jersey’s wage and hour laws, non-exempt employees must be paid overtime—1.5 times their regular hourly rate—for all hours worked over 40 in a workweek. But what qualifies as “hours worked” includes more than just scheduled shifts.
If you’re performing job-related tasks before your official start time and your employer is aware of it—or requires it—then that time must be paid. This includes:
- Booting up computers or equipment
- Reviewing emails or assignments
- Attending mandatory pre-shift meetings
- Preparing tools or workstations
If this early work pushes you over 40 hours in a week, it may also qualify as overtime.
Common Employer Violations
Unfortunately, many employers engage in practices that shortchange workers out of compensation. These include:
- Expecting employees to arrive early but only paying them from their scheduled start time
- Discouraging workers from reporting pre-shift work
- Relying on automatic time clocks that don’t reflect actual hours worked
- Misclassifying employees as exempt from overtime when they should not be
If your employer benefits from your early arrival but refuses to pay you for it, they may be violating the law.
What You Can Do
If you believe you’re owed unpaid wages or overtime, take these important steps:
- Track your time: Keep a personal log of your actual work hours, including time spent working before and after shifts.
- Request your payroll records: Compare your time records with what your employer reports.
- Speak with an employment attorney: A lawyer can help you determine whether your rights were violated and how to recover unpaid wages.
You may be entitled to back pay, liquidated (double) damages, and attorney fees if your employer has failed to properly compensate you.
Learn More About Early Arrival and Overtime
To better understand your rights, read our article: Ask the Attorney: Is Being at Our Desks 15 Minutes Early Considered Overtime?. It covers key legal considerations and how to take action if your employer isn’t paying you fairly.
Contact Information:
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
Phone: (973) 358-7027
