Have you ever arrived early to set up your workstation, stayed late to finish paperwork, or answered emails before or after your shift?
If so, you may be performing off-the-clock work—and under the Fair Labor Standards Act (FLSA), your employer could owe you overtime pay.
What is Off-the-Clock Work?
Off-the-clock work is any time you spend working without pay, even if your employer didn’t explicitly ask you to do it. Common examples include:
- Setting up equipment before clocking in
- Putting on or taking off required protective gear (“donning and doffing”)
- Running work-related errands outside scheduled hours
- Closing duties after your shift ends
- Checking work emails or responding to messages during unpaid time
Why It Matters
The FLSA requires employers to pay employees for all hours worked, including:
- Pre-shift and post-shift activities that are necessary to perform the job
- Any time worked over 40 hours in a workweek at the overtime rate (time and a half)
Failure to pay for these hours is a wage violation, and employees may be entitled to recover:
- Unpaid wages
- Overtime premiums
- Double damages (“liquidated damages”)
- Attorneys’ fees
- Litigation expenses
How Employers Get It Wrong
Some companies mistakenly or deliberately:
- Instruct workers to clock out and then finish closing duties
- Automatically deduct meal breaks, even when employees work through them
- Ignore short periods of work before or after scheduled hours, claiming they are “de minimis” (too trivial to count)—but if they add up, the time is compensable
What You Can Do
If you suspect you’re working off the clock:
- Keep a record. Note the dates, times, and tasks you performed.
- Save emails or texts showing work performed outside scheduled hours.
- Ask your supervisor in writing (email/text) for clarification on pay policies.
- Consult a qualified employment attorney.
You have the right to be paid for every hour you work.
Questions About Off-the-Clock Work?
Our firm helps employees hold companies accountable for unpaid wages and overtime. If you’d like to discuss your situation confidentially, contact us today for a free consultation.
