EMPLOYMENT

Can my employer make me work off the clock?

SHORT ANSWER

No. If you’re a non-exempt employee, all the time you work must be paid, including tasks before and after your shift, mandatory prep, and answering messages. Off-the-clock work — even if the boss “asks nicely” — is a wage violation and can entitle you to back pay.

Off-the-clock work is one of the most common forms of wage theft. Federal law requires that non-exempt employees be paid for all hours worked, and “hours worked” includes more than your scheduled shift: booting up systems, mandatory pre-shift setup, cleaning up after clocking out, and responding to work messages from home all count. It does not matter that the work happened outside the schedule or that you were not told to record it — if the employer knew or should have known you were working, it owes you for that time.

What to do, in order

  1. Track every minute you actually work, including before and after your scheduled shift.
  2. Keep your own records — notes, timestamps, messages — separate from the company system.
  3. Raise it with the employer in writing; sometimes it is a timekeeping error, not intent.
  4. Note that unpaid off-the-clock time can add up to overtime you are also owed.
  5. If it continues, you can file a wage complaint with the labor department; back pay may be available.

Common questions

Does answering emails at home count?

For a non-exempt employee, work-related tasks from home — including emails and messages — generally count as hours worked and must be paid.

What if I volunteered to do it?

It usually still counts. If the employer knew or should have known you were working, the time is compensable even if you were not told to record it.

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Authoritative sources

Primary government sources. This page summarizes them in plain language; the linked pages are the authority.
This is general information, not legal, tax, or financial advice, and it doesn’t create a professional relationship. Rules have exceptions and change over time. For advice on your specific situation, consult a licensed professional.