Employees must generally be paid for work that an employer requires, permits, knows about, or has reason to know is being performed. A policy saying “no overtime without approval” does not authorize an employer to accept the benefit of work and then refuse to count the time.
Common Off-the-Clock Work
- Starting computers, equipment, systems, or production lines before clocking in.
- Finishing paperwork, closing duties, security procedures, or cleanup after clocking out.
- Answering work email, texts, calls, or chat messages from home.
- Working through automatically deducted meal periods.
- Attending required meetings or training without pay.
- Completing administrative or patient/customer documentation after the scheduled shift.
- Having a supervisor alter or reduce recorded time.
Meal Periods
An unpaid meal period generally must be a bona fide break during which the employee is relieved of work duties. If interruptions are frequent or the employee is expected to continue handling work, the time may be compensable.
Employer Knowledge
Actual knowledge is not always required. If supervisors see the work occurring, receive messages or work product outside recorded hours, schedule workloads that cannot reasonably be completed within recorded time, or otherwise have reason to know that uncompensated work is occurring, the employer may be responsible for the time.
Proof When Records Are Incomplete
Employees can use testimony and other evidence to establish a reasonable approximation of hours when the employer's records are inadequate. Helpful evidence can include emails, system logs, phone records, texts, calendars, schedules, building-access records, and witness testimony.