Employer Asking You to Work Off the Clock? Know Your Rights
Have you ever been asked to stay a few minutes late to finish a project after you’ve already clocked out? Or perhaps you’re expected to answer emails from your phone during dinner? These requests might seem minor in isolation, but they add up — and more importantly, they are often illegal.
At Barrett & Farahany, we understand the pressure to appear dedicated and hardworking. However, dedication should not come at the cost of your fair wages. If you are a non-exempt employee, understanding your rights regarding “working off the clock” is crucial to protecting your livelihood.
Understanding “Off-the-Clock” Work
Simply put, “working off the clock” refers to any work performed by an employee for which they are not compensated. Under the Fair Labor Standards Act (FLSA), this practice is illegal for non-exempt employees (typically those paid hourly).
The law requires employers to pay for all hours an employee is “suffered or permitted to work.” This legal phrasing means that if your employer knows — or should know — that you are working, you must be paid for that time. It does not matter if the work was voluntary or explicitly requested; if it benefits the employer, it is compensable time.
Common Examples of Illegal Off-the-Clock Work
Wage theft isn’t always obvious. It often hides in the small, routine tasks that surround your official shift. If you are not being paid for the following activities, you may be a victim of unpaid overtime or wage theft:
- Pre-shift preparation: Being required to set up a workstation, boot up computers, or put on safety gear before clocking in.
- Post-shift duties: Cleaning up, counting a cash register drawer, or finishing paperwork after you have clocked out.
- Unpaid training: Mandatory attendance at meetings or training sessions outside of your scheduled hours.
- Digital availability: Answering work-related texts, phone calls, or emails during your personal time.
- Waiting time: Being required to remain on the premises while waiting for work assignments or equipment.
What to Do If Asked to Work Off the Clock
If your employer asks you to perform tasks without pay, or if you find yourself regularly working through unpaid breaks, you need to take action to protect your claim.
1. Document Everything
Evidence is your strongest asset. Do not rely solely on your employer’s timekeeping system, especially if they are altering records. Keep a personal log of:
- The dates and times you worked off the clock.
- The specific tasks you performed.
- Who instructed you to do the work (if applicable).
- Any emails or text messages requesting work during unpaid hours.
2. Know the Law is on Your Side
You are entitled to be paid for every minute you work. Employers cannot ask you to “volunteer” your time for essential job functions.
Legal Options and Recourse
When an employer violates the FLSA, you have legal avenues to recover your stolen wages.
- File a Complaint: You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division.
- File a Lawsuit: Often, the most effective way to recover lost income is to file a lawsuit. Under the FLSA, you may be entitled to recover unpaid back wages for up to two years (or three years if the violation was willful). Additionally, you may be awarded “liquidated damages,” which effectively doubles the amount of back pay owed to you.
Protect Your Wages
Working off the clock devalues your labor and violates federal law. If you are working, you must be paid. Period.
If you are being asked to work off the clock or believe you are owed unpaid overtime, do not face your employer alone. The experienced employment attorneys at Barrett & Farahany are here to help you navigate the legal process and fight for the compensation you have earned.
Contact Barrett & Farahany today for a consultation to discuss your case.
