Working beyond scheduled hours—without pay—often happens quietly in workplaces. It’s important to know that unpaid work is illegal under the Fair Labor Standards Act if you’re non-exempt. Here’s how to handle it.
1. What “Off-the-Clock” Work Means
Activities like:
- Arriving early to prep
- Staying late to wrap up
- Checking work emails after hours
are all compensable if required or expected.
2. Why It Happens
- Peer pressure from culture of “always-on”
- Employers hoping to save money
- Misunderstanding of classification rules
3. How the Law Protects You
Non-exempt workers must be compensated for all time worked. This includes:
- Regular time
- Overtime (1.5x rate for above 40 hours a week)
- Breaks under 20 minutes, training, cleanup time
4. Steps to Take if It’s a Pattern
- Log all hours, even off-the-clock ones
- Bring it up with supervisor or HR
- File a complaint with U.S. Department of Labor
- Consider joining a class action or working with an employment attorney
5. Retaliation is Illegal
Employers can’t fire or penalize you for asserting your rights. If they do, you can file a retaliation claim under FLSA or state labor laws.
Final Advice
Your time is valuable—and legally yours. If you’re working off the clock, don’t stay silent. Track your hours, ask for pay, and escalate if needed.