Unpaid Off-the-Clock Work Claims
Required to work before clocking in, after clocking out, or through unpaid breaks — without being paid for that time.
What This Looks Like
- Required to be on the floor 15 minutes before a shift starts to prep, unpaid.
- Made to clock out for a "break" but keep working through it.
- Expected to answer calls, texts, or emails off the clock without pay.
What Can Affect a Case Like This
What can affect a case like this includes how many unpaid hours were involved each week, how long the practice went on, whether the employer knew or should have known about it, and the lookback period that applies under federal and state law. An attorney reviews these specifics — this is not an estimate of any dollar amount.
Common Questions About Off-the-Clock Work
Does pre-shift and post-shift work count as paid time?
Generally, work your employer requires or knowingly allows — like prepping before a shift, closing duties after clocking out, or answering messages at home — counts as compensable time under the FLSA. Whether specific tasks count depends on the facts, so an attorney should review your situation.
What if my employer never told me to work off the clock?
An employer that knows or should know you are working may still owe pay for that time, even without an explicit instruction. Texts, emails, badge swipes, and system logins can help show the hours you actually worked.
Can I still bring a claim if I don't have timesheets?
Often, yes. Employers are generally required to keep accurate time records, and when they don't, workers may be able to show their hours through reasonable estimates and other evidence. An attorney can evaluate the evidence you have.
State Rules Can Change the Picture
Federal law sets the baseline, but state law can add protections that matter for this kind of claim. States that can require daily overtime include:
See overtime laws for all 50 states →