Pre-Shift and Post-Shift Work: Are You Getting Paid for Setup and Cleanup?

When your workday is supposed to start at 9:00 AM, but you’re required to arrive earlier to set up equipment or stay late to clean up after closing, are you actually getting paid for that extra time? These pre-shift and post-shift tasks – opening the store, prepping your workstation, attending briefings, closing duties like cleaning or paperwork – are often done off the clock. If you’re not being paid for these preliminary work activities, you could be missing out on wages you’re legally owed. In this article, we’ll break down what counts as pre- and post-shift work, why it should be compensated, and how to protect your rights.

If you’re not being compensated for your pre-shift setup or post-shift cleanup time, it’s time to take action. The Lore Law Firm can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (866) 559-0400 to discuss your situation today. Let’s work together to secure your financial future.

What Are Pre-Shift and Post-Shift Work Activities?

Pre-shift work refers to tasks you perform before your official shift begins, while post-shift work covers tasks done after your shift ends. These activities are often necessary to get the workplace ready or wrap things up at closing time.

Examples of pre-shift activities include:

Preparing the workspace: Unlocking and opening a store, setting up tools or equipment, turning on machines, or logging into computer systems before customers arrive.
Donning required gear: Putting on a uniform or safety equipment that you need before you start your main duties.
Attending mandatory meetings or briefings: If you’re required to be there, it’s part of your workday.

Post-shift activities might include:

Closing out and cleaning: Shutting down equipment, cleaning your work area, sanitizing tools, or doing a final store cleanup after clocking out.
Paperwork or reports: Filling out end-of-day reports, inspection logs, or exchanging information with the next shift.
Removing gear: Taking off uniforms or protective gear that you had to wear during the shift.

Any duty that you must perform just before your shift starts or right after it ends is considered pre- or post-shift work under the law. Time spent on these activities is often legally considered part of your work hours – meaning you should be paid for it.

Should You Be Paid for Pre-Shift and Post-Shift Tasks?

Under the law, the general rule is yes—non-exempt employees must be paid for all hours worked, including time spent on required tasks before or after a scheduled shift. The Fair Labor Standards Act (FLSA) says that employers have to pay for any time an employee is “suffered or permitted” to work – even if it’s not requested. In plain English, if your employer allows or requires you to do it as part of your job, that time counts as work time.

The key question is whether your pre/post-shift activities are “integral and indispensable” to your principal job duties. If the task is necessary for you to perform your main job and is done for your employer’s benefit, it’s likely considered part of your workday and must be paid. For example, booting up a required computer program, setting up tools, or doing a mandated safety check before a shift are typically compensable because they are required for your job. Likewise, cleaning up equipment or paperwork that must be done after closing is compensable post-shift work.

On the other hand, truly minor or optional activities might not require pay. The law does not usually require pay for things like commuting to work, casual socializing while waiting to start, or changing clothes if it’s purely for your own convenience.

Important: There is a concept of de minimis time – very short periods of time that are hard to track – which sometimes aren’t counted. However, courts have warned that employers can’t regularly ignore 5-10 minutes here or there every day; if you’re routinely doing work tasks off the clock, that time adds up and you deserve to be paid for it. Don’t let an employer tell you those extra minutes don’t matter. In fact, Courts have repeatedly held that employers may not routinely disregard small amounts of compensable work time simply because each instance seems minimal.

How Pre-Shift and Post-Shift Time Affects Overtime

Unpaid pre- and post-shift work isn’t just about lost minutes – it can also mean lost overtime pay. The FLSA requires overtime (time and a half pay) for all hours over 40 in a workweek for non-exempt workers. For example, say you work exactly 40 hours on the clock, but you spend an extra 15 minutes each day off the clock setting up and cleaning up (1.25 hours extra per week).Legally, your work time is 41.25 hours—meaning you are owed overtime pay for the 1.25 hours worked over 40 that week.

Over weeks or months, unpaid setup and cleanup time can result in significant lost wages. Employers might also owe liquidated damages (equal to the unpaid wages) if the violation was willful. That means you may be entitled to recover an additional amount equal to your unpaid wages as liquidated damages, unless the employer can prove it acted in good faith. Employers who ignore these rules can face huge liabilities – courts and juries have awarded substantial damages in cases involving widespread unpaid pre- and post-shift work affecting large groups of employees.

State Laws and Special Cases

In addition to federal law, state labor laws can affect your right to be paid for pre- and post-shift duties. Some states have even stricter requirements than federal law.

California: California courts focus on whether the employee is under the employer’s control. The California Supreme Court ruled that Apple had to pay retail employees for the minutes they spent waiting for and undergoing bag checks after clocking out, because the employees were still under the company’s control during that process. The bottom line: if you’re in California, required pre- or post-shift activities that keep employees under the employer’s control are often treated as compensable work time.
Pennsylvania: Pennsylvania law holds that workers must be paid for every minute they are required to be on the employer’s premises doing tasks or waiting to do tasks. Pennsylvania courts have held that even brief security screenings or required waiting time after clocking out can be compensable work time. Even short pre-shift or post-shift requirements must be compensated.
Other States: Many states follow the federal standard, but some have their own rules. New York generally follows FLSA rules, though NYC’s municipal employees received millions in overtime for prep work. Some states, including Nevada, Oregon, Illinois, Massachusetts, and New Jersey, apply wage-and-hour laws in ways that may provide broader employee protections than federal law.

Why Do Employers Try to Avoid Pre-Shift/Post-Shift Pay?

Wage theft through off-the-clock work is common. Some employers mistakenly believe that if it’s “only a few minutes” or outside the scheduled shift, they don’t have to pay. That belief is often incorrect and can result in violations of wage-and-hour laws. Other employers intentionally require extra tasks without pay to cut costs. Industries like restaurants, retail, warehouses, call centers, and healthcare have all seen frequent lawsuits over unpaid preliminary and closing duties.

It’s possible your manager might tell you not to clock in until after setup is done, or to clock out before cleanup is finished. Remember: an employer’s policy does not override federal law. Even if a company policy says “No overtime without approval,” they still must pay you if they “suffer or permit” you to work. An employer cannot evade liability by looking the other way while work is done off the clock. They can’t have it both ways – getting the benefit of your work without paying for it.

What To Do if You’re Not Being Paid for Setup or Cleanup Time

1. Track your time: Keep a personal log of all pre-shift and post-shift tasks and how long they take. Write down dates, times, and what you did.

2. Review your paystubs: Compare your log to your official recorded hours. If you see discrepancies, that’s a red flag.

3. Consider addressing it with your employer: You can bring up the issue to a manager or HR. Keep records of any conversations. The law protects you from retaliation.

4. Contact the Department of Labor: You can file a wage complaint with the U.S. Department of Labor’s Wage and Hour Division or your state labor agency.

5. Get advice from an attorney: Often the best step is to talk to a lawyer who has experience in overtime and wage issues. Most wage-and-hour lawyers offer a free consultation.

Keep in mind there are strict deadlines for wage claims. Under the FLSA, you can usually recover unpaid wages going back up to 2 years, or 3 years if the violation was willful. That’s why it’s crucial to act promptly.

6. Join forces if possible: If this is happening to your co-workers too, you might have a potential collective or class action on your hands.

Frequently Asked Questions

Q: What counts as “pre-shift” or “post-shift” work that has to be paid?

A: Any job-related duties you perform before clocking in or after clocking out. Examples include setting up equipment, preparing your workstation, attending required meetings, putting on safety gear, cleaning up, shutting down equipment, or filling out paperwork. If your employer requires or benefits from the task, and it’s related to your job, it likely counts as work time.

Q: Do I get overtime pay for pre- and post-shift work?

A: Yes, if the extra minutes push your total hours over 40 in a workweek, those minutes should be paid at 1.5 times your regular pay. All hours worked count toward overtime.

Q: My boss says the extra time is only 5 minutes a day – is that legal?

A: Generally, no. While there is a doctrine for de minimis time, if you’re regularly spending 5–10 minutes daily on work tasks, that’s routine work time that must be counted. Over a week or month, those “few minutes” become hours of unpaid labor.

Q: What if I start work early or stay late on my own, without being asked?

A: If your employer knows or has reason to know you’re working, they have to pay you, even if they didn’t explicitly ask you to. The FLSA covers work an employer allows to happen. Employers can’t accept the work and later say they never approved it.

Q: My employer requires me to clock out but then keep working – is this legal?

A: No. Requiring employees to clock out and then continue working is unlawful and constitutes a serious wage-and-hour violation. If you’re made to clock out and then continue working, your employer is creating a false record. This is illegal and may be deemed a willful violation with additional penalties.

Q: How long do I have to claim my unpaid wages?

A: Under the FLSA, you can generally recover unpaid wages going back 2 years, or 3 years if the violation was willful. Some states allow longer periods. Don’t delay – consult an attorney or file a complaint as soon as you realize what’s happening.

Q: Can my employer fire me for complaining about unpaid wages?

A: It is illegal for an employer to retaliate against you for asserting your rights. The FLSA has anti-retaliation provisions. If they fire you, demote you, or punish you for complaining, that could give rise to a separate retaliation claim under federal or state law, with its own remedies.

Get Help – Don’t Let Unpaid Work Time Slip Away

If you suspect that you’ve been working off the clock – whether it’s pre-shift prep, post-shift cleanup, or any other unpaid time – it’s crucial to take action. Every minute you work is your time, and you deserve to be paid for it.

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