Intake Brief
Intake Brief: Off-the-Clock Work When Pre-Shift, Post-Shift and Break Time Must Be Paid
A labor and employment intake brief focused on intake, evidence, claim routing, and issue review for "Off-the-Clock Work: When Pre-Shift, Post-Shift and Break Time Must Be Paid".
At a glance
Intake Brief: Off-the-Clock Work When Pre-Shift, Post-Shift and Break Time Must Be Paid: intake map
Three topics to organize before an employment-law case review.
Triage Focus
Use this brief for unpaid wages, overtime, misclassification, pay deductions, commissions, and payroll records.
Intake Questions to Ask
Ask how the worker was paid, what hours were worked, whether time was recorded accurately, whether the worker was classified as exempt or contractor, and what pay the employer with
Evidence to Request
Request pay stubs, time records, schedules, commission or bonus records, job descriptions, messages assigning work, payroll policies, and the worker's own hour log.
Triage Focus
Use this brief for unpaid wages, overtime, misclassification, pay deductions, commissions, and payroll records. The employee-facing source topic centers on the basic rule: work your employer allows is paid time. Keep the analysis tied to workplace claims, protected rights, employer conduct, deadlines, and provable damages rather than general document drafting or deal advice.
Intake Questions to Ask
Ask how the worker was paid, what hours were worked, whether time was recorded accurately, whether the worker was classified as exempt or contractor, and what pay the employer withheld.
Evidence to Request
Request pay stubs, time records, schedules, commission or bonus records, job descriptions, messages assigning work, payroll policies, and the worker's own hour log.
Blog-Specific Signals
Key employee-facing signals to translate into intake review: Under the Fair Labor Standards Act, work your employer requires or knowingly allows is paid time, whether or not it was approved in advance; Short rest breaks of about 5 to 20 minutes are paid, while a meal break is unpaid only if you are fully relieved of duty for long enough to eat; Pre-shift and post-shift tasks that are a core part of your job can count as paid time, while ordinary commuting does not. Confirm which of these facts are supported by documents and which still need witness or agency corroboration.
Routing Notes
Route by work state, pay period, classification issue, and whether the claim is better framed under wage law, contract law, or both. Use this resource for employment-claims intake, litigation screening, agency-preservation analysis, and dispute evaluation.
Primary Sources
These official sources support the employee-facing topic behind this intake brief. They do not determine the facts, coverage, deadlines, or law for a specific matter.
- U.S. Department of Labor: Fact Sheet #22, Hours Worked Under the Fair Labor Standards ActAccessed November 11, 2026
- 29 CFR Part 785: Hours WorkedAccessed November 11, 2026
- 29 U.S.C. 216: Penalties and civil actions by employeesAccessed November 11, 2026
- 29 U.S.C. 255: Statute of limitationsAccessed November 11, 2026
Intake Note
These briefs are operational resources for labor and employment intake. They are designed to help teams collect the right facts before matter evaluation.