Stop Working for Free: The “Off-the-Clock” Trap in Pennsylvania
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In Pennsylvania, “close enough” isn’t good enough when it comes to your paycheck. If you are an hourly (“non-exempt”) employee, you must be paid for every minute you spend under your employer’s control, including time spent in security lines, booting up computers, or answering “quick” after-hours texts. Recent Pennsylvania court rulings have eliminated the “de minimis” (or “trivial time”) defense that employers often use to avoid paying for small increments of work. If you’ve worked off the clock in the last three years, you may be entitled to double the wages you are owed, plus attorney’s fees.
What is “Working Off the Clock”?
Working off the clock occurs when a non-exempt (hourly) employee performs job duties while not clocked in. This includes work performed:
Before your shift officially starts.
After you have clocked out for the day.
During unpaid meal or rest breaks.
While federal law (the Fair Labor Standards Act or FLSA) protects all U.S. workers, Pennsylvania workers have even stronger protections under the Pennsylvania Minimum Wage Act (PMWA).
New Developments: The Pennsylvania Advantage
The legal landscape for Pennsylvania workers has shifted significantly in the last few years. While federal courts sometimes allow employers to ignore "trivial" amounts of time (the de minimis doctrine), the Pennsylvania Supreme Court ruled in Heimbach v. Amazon.com, Inc. that this doctrine does not apply in our state.
What this means for you:
Mandatory Screenings: Time spent waiting in security or bag-check lines is compensable work time in Pennsylvania.
No “Trivial” Time: Employers cannot refuse to pay you just because a task only took two or five minutes. If you are required to be on the premises and under the employer’s control, you must be paid.
Walking & Prep Time: Recent 2025 federal court interpretations of PA law have confirmed that time spent walking from a facility entrance to a time clock or putting on specialized gear is often compensable, even if federal law might say otherwise.
The “Digital Trap”: Emails and Texts
In the age of smartphones, "off the clock" work has moved into your living room. If your boss expects you to monitor Slack, answer emails, or respond to "quick" texts after your shift, that is work. If your employer knows or has reason to believe you are performing this work, they are legally required to pay you for it.
Practical Tips: Is Your Employer Stealing Your Time?
We don’t want to paint all employers as nefarious actors looking to not pay you fairly. The truth is, many employers (and workers) don’t realize they are working off the clock because the tasks feel small. Watch for these red flags:
The "Pre-Shift" Huddle: Are you required to attend a meeting five minutes before you are allowed to clock in?
The "Slow Boot": Do you have to turn on your computer and open several programs before you can access the time-keeping software?
The "Working Lunch": Do you frequently eat at your desk while answering phones or "keeping an eye" on your inbox?
The "Post-Shift" Cleanup: Are you asked to tidy up or lock doors after you’ve already swiped out?
What Should You Do?
If you recognize these situations, take the following steps:
Keep Your Own Records: Don't rely solely on the company’s time clock. Keep a private log of the actual minutes you spend working or waiting in lines.
Review Your Paystubs: Check for "rounding" practices that always seem to favor the employer.
Report It: You are protected from retaliation. It is illegal for an employer to fire or discriminate against you for making a wage complaint.
Seek Legal Counsel: You can recover up to three years of back wages, plus liquidated damages (an additional amount equal to your back wages), and your employer may be required to pay your attorney’s fees.
You deserve to be paid for every minute you work
If you have worked off the clock in the last three years, the employment law attorneys at Fiffik Law Group are available for a free consultation. We’ll help you recover the wages you are due.