Many employees across New Jersey are expected to arrive at work early—sometimes 10 or 15 minutes before their scheduled shift. But are these early start times compensable under overtime laws? The answer isn’t always simple, and workers should know when this practice becomes unlawful under state and federal employment regulations.
When Does Early Arrival Count as Work?
Under the Fair Labor Standards Act (FLSA) and New Jersey wage and hour laws, non-exempt employees must be paid for all hours worked. This includes time spent performing duties before or after the official shift if the work benefits the employer or is required.
Examples of compensable early work include:
- Turning on computers or preparing workstations
- Reading required emails or instructions
- Fulfilling opening procedures or safety checks
- Attending pre-shift meetings
If your employer requires you to be at your desk or on the clock early and you’re expected to be productive, those minutes should be paid—and may even count toward overtime if they push you over 40 hours in a week.
What If You’re Told to Be “Ready to Work” Before Your Shift?
This gray area is where many employers overstep. If you’re expected to be ready and present 15 minutes early—even if not actively working—that time may still qualify as compensable. Courts often look at whether the employee’s presence was truly voluntary or an implied expectation of employment.
Employers sometimes attempt to justify these requirements with phrases like “team culture” or “preparedness,” but unless the early arrival is truly optional, compensation may be required.
Understanding Overtime Laws in New Jersey
New Jersey law requires employers to pay time-and-a-half for hours worked beyond 40 in a week for non-exempt employees. If early arrival adds up to more than 40 hours across the week, employees must be compensated accordingly. Employers who fail to do so may be violating both state and federal labor laws.
Additionally, New Jersey’s Wage Theft Act empowers employees to pursue back pay and penalties when they are not properly compensated for hours worked, including unauthorized or unrecorded early start times.
What You Can Do If You’re Not Being Paid Fairly
If you’re regularly asked to arrive early and not compensated for your time, it’s important to take action. Follow these steps:
- Keep detailed records: Log your actual arrival and departure times, including what duties you perform outside of scheduled hours.
- Review your pay stubs: Make sure you’re being credited for all time worked.
- Report the issue internally: Submit a written inquiry to your HR department or manager.
- Contact an employment attorney: A legal professional can assess whether your employer’s policies are in violation of the law and help you pursue unpaid wages.
Legal Guidance for Wage and Hour Violations
At NJ Employment Lawyers, LLC, we regularly represent employees in wage and overtime cases. We understand how employers attempt to blur the lines between voluntary preparation and required unpaid work. Our team will help you understand your rights and recover the compensation you’ve earned.
Whether it’s 15 minutes a day or multiple hours a week, unpaid time is still work—and it matters. You shouldn’t lose income because of unlawful wage practices.
Fight for the Pay You Deserve
If your employer is requiring you to be present before your official shift begins and not compensating you for that time, you may be entitled to back pay and other remedies. Don’t let wage theft go unchallenged—get informed, take action, and secure the fair compensation you’re legally owed.
Contact Information
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027
About Us:
NJ Employment Lawyers, LLC represents employees across New Jersey in matters involving discrimination, harassment, wrongful termination, and wage violations. Our firm prides itself on giving clients direct and effective legal counsel while pursuing the justice they deserve.