Is Arriving Early Considered Overtime? Know Your Rights as a New Jersey Employee

In today’s competitive work environment, many employees go above and beyond—showing up early, staying late, or taking on extra responsibilities. But when it comes to compensation, does arriving at your desk 15 minutes early count as overtime? It’s a question we hear often at NJ Employment Lawyers, LLC, and the answer isn’t always as straightforward as you might think.

Understanding Overtime Laws in New Jersey

Under the Fair Labor Standards Act (FLSA) and New Jersey wage and hour laws, most employees are entitled to overtime pay—typically 1.5 times their regular rate—for any hours worked over 40 in a workweek. But what exactly qualifies as “hours worked”?

According to the law, any time an employee is “suffered or permitted to work” can be considered compensable. This means that if your employer knows (or should reasonably know) that you are working before your scheduled shift and they benefit from that work, you may be entitled to pay for that time—even if you weren’t formally “on the clock.”

When Arriving Early Becomes Work

Simply arriving early and sitting at your desk might not qualify as compensable work. But if you’re responding to emails, answering phones, setting up equipment, or otherwise performing job duties—even informally—those minutes can count toward your total hours worked.

Some employers have policies requiring employees to be “ready to go” at their start time. In such cases, employees often show up 10-15 minutes early to prepare. If this preparation includes actual job functions and is expected by the employer, that time may legally be considered compensable.

Employer Obligations and Common Violations

Employers are required to accurately track the hours their employees work and to pay overtime when applicable. However, many employers unknowingly (or intentionally) fail to compensate employees for pre-shift or post-shift work. Common violations include:

• Not counting time spent setting up or shutting down as part of the workday
• Discouraging employees from reporting “off-the-clock” work
• Automatic time clock deductions for breaks that are not taken
• Failing to pay for required pre-shift meetings or tasks

If you suspect you’re being denied fair pay, it’s important to document your hours and speak to a qualified employment attorney to explore your legal options.

Protecting Your Rights

Wage theft, even in small amounts over time, can result in significant losses. Fortunately, New Jersey workers are protected by strong wage and hour laws. If you’ve worked extra time—whether by arriving early, working through lunch, or staying late—you may be owed overtime pay.

At NJ Employment Lawyers, LLC, we’ve helped many clients recover unpaid wages. Whether it’s a matter of a few unpaid hours per week or a pattern of systematic underpayment, we’re here to ensure you receive every dollar you’ve earned.

Get the Legal Guidance You Need

If you believe your employer has failed to properly compensate you for early arrivals or other unpaid work, don’t wait. Learn more about your rights and whether you may be entitled to back pay by consulting an attorney. For helpful insights on this topic, check out our article: Ask the Attorney: Is Being at Our Desks 15 Minutes Early Considered Overtime?

Contact Information:
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
Phone: (973) 358-7027