On the Clock: Timekeeping Laws, Off-the-Clock Work, and Your Rights

When you're at work, every minute matters, especially when it comes to getting paid. 

Whether you're starting your shift, finishing up, or stepping away for a break, the law is clear: your employer must follow strict rules when it comes to tracking and compensating your time. 

But what happens when your employer cuts corners or asks you to "just finish something real quick" after you've clocked out?

The bottom line is there are laws about “the clock,” and your employer has to follow them. If you believe you're not being paid fairly for your time, Morgan & Morgan is here to help. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Does It Mean to Be "On the Clock"?

In simple terms, being “on the clock” means you’re working and your employer is legally obligated to pay you. 

Timekeeping systems, whether it’s a physical punch clock, a digital time-tracking app, or a biometric scanner, are used to record when you start and stop work.

Federal and state wage laws require employers to keep accurate records of these hours. If you're an hourly, non-exempt employee (which most workers are), your employer is legally required to pay you for all hours worked, including overtime.

But time tracking isn’t just about clocking in and out. It's about making sure your time and labor are properly documented and compensated.

Is It Illegal to Work Off the Clock?

Yes. In most cases, it is illegal for an employer to require or allow employees to work off the clock without compensation. The Fair Labor Standards Act (FLSA) makes it clear: employers must pay non-exempt workers for all the time they are “suffered or permitted to work.”

This includes tasks before and after your scheduled shift, like:

• Preparing your workspace before you clock in
• Finishing up a project after clocking out
• Attending unpaid meetings or training sessions
• Taking work-related calls or answering emails outside of your shift
• Waiting in security lines or donning required gear for the job

Even if you volunteer to do this work without pay, your employer is legally required to compensate you. There are very few exceptions.

Common Examples of Off-the-Clock Violations

Some employers directly ask workers to work unpaid hours. Others create work environments where employees feel like they have no choice. Here are some common scenarios:

Pre-Shift or Post-Shift Work

You're told to arrive early to set up your station, but you're not allowed to clock in until your actual start time. Or you're expected to stay late to clean up, even after you've clocked out.

Unpaid Training or Meetings

You're required to attend orientation, safety training, or a daily pre-shift meeting, but the time isn't tracked or compensated.

Working Through Breaks

You eat lunch at your desk while answering calls or responding to emails. If you're not truly relieved of your duties, that time must be paid.

Working From Home

You're expected to check in, send updates, or respond to messages outside your normal hours. If you're doing work, even remotely, you must be paid.

After-Hours Communication

Some jobs have a culture where after-hours communication is expected. If you’re replying to work messages or emails off the clock, it’s compensable time.

What Does the Law Say?

Under the Fair Labor Standards Act (FLSA), employers must:

• Pay at least the federal minimum wage (currently $7.25/hour, though many states have higher rates)
• Pay overtime: 1.5 times your regular pay rate for hours worked over 40 in a week
• Keep accurate records of hours worked
• Pay for all hours worked, including those not officially scheduled
  
   

FLSA Protection

Most workers in the U.S. are covered. Exceptions may include:

• Exempt employees (typically salaried professionals, executives, or administrators)
• Certain gig or contract workers
• Volunteers or independent contractors (note: misclassification is a major issue—many employers wrongly label workers as exempt)

If you're unsure of your classification, speak with an attorney. Many employers misclassify employees in order to skirt overtime laws.

State Laws May Offer Even More Protection

Some states go beyond federal law. For example, California requires employers to pay for all hours worked, including time spent waiting for security checks or traveling between job sites. New York mandates detailed wage statements showing hours worked and rates of pay, while Illinois imposes strict penalties on employers who fail to pay wages on time.

State wage and hour laws may also define what counts as a "workday," how long breaks must be, and what kinds of waiting or prep time must be paid.

It’s important to know your state’s rules, as they may entitle you to more compensation than federal law alone.

How Do Employers Get Away With It?

Many off-the-clock violations go unreported for a few reasons:

Fear of Retaliation

Employees worry they’ll be fired, demoted, or face harassment for speaking up.

Normalization of Abuse

In some industries, especially fast food, hospitality, retail, and warehouse work, unpaid labor is treated as "part of the job."

Lack of Knowledge

Workers may not realize that what’s happening is illegal.

Subtle Pressure

Supervisors may say, “Can you just stay and help real quick?” without actually telling the employee to clock back in.

But even if it seems minor, working 10 minutes a day off the clock adds up to nearly an hour a week or over 50 hours a year of unpaid labor.

What Should I Do if I’m Asked to Work Off the Clock?

If you’re asked or feel pressured to work off the clock, take these steps:

1. Document Everything

Write down dates, times, and tasks you performed off the clock, and take screenshots or save emails/texts showing work requests outside of the scheduled time. If possible, keep a personal record of hours worked

 

2. Know Your Rights

Understand what tasks should be compensated. Even brief moments of work can count.

3. Raise the Issue Internally (If Safe to Do So)

If you're comfortable, speak with a manager or HR. Sometimes the issue is fixable.

4. File a Complaint

You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or your state’s labor board.

5. Speak With an Employment Attorney

If you’ve lost wages, you may be entitled to back pay, damages, and attorney’s fees. An experienced employment lawyer can help you navigate the process confidentially and protect you from retaliation.

What Damages Could You Be Entitled To?

If your employer breaks the law and leaves you with unpaid overtime, working off the clock, or worse, you may be eligible for:

• Unpaid wages: Back pay for all hours worked
• Overtime pay: If off-the-clock work pushed you over 40 hours/week
• Liquidated damages: Up to double the amount owed
• Interest: On unpaid wages
• Legal fees and court costs

In class actions or collective actions, these claims can multiply significantly, especially if your employer had a company-wide policy of encouraging off-the-clock work.

Can You Be Fired for Reporting Timekeeping Violations?

No. Retaliation is illegal. Under the FLSA and many state laws, your employer cannot punish you for:

• Asking to be paid for off-the-clock work
• Filing a complaint internally or with the labor board
• Participating in an investigation
• Joining a lawsuit

If you’re fired, demoted, harassed, or threatened, you may have a separate legal claim for retaliation on top of your wage complaint.

Time Is Money, and the Law Is on Your Side—and So Are We

You deserve to be paid for every minute you work. If you're being asked to clock out early, start work late, or put in time without compensation, that’s not just unfair, it may be illegal.

Employers who ignore wage laws can be held accountable, but most employers won’t change unless employees speak up.

At Morgan & Morgan, we’ve represented thousands of workers across the country who were denied fair wages. Our employment law attorneys understand how wage theft happens, how companies try to cover it up, and how to fight back.

If you believe your employer has violated timekeeping laws, contact Morgan & Morgan. Our team is ready to investigate, fight for your back pay, and make sure you’re treated fairly.

Frequently Asked Questions

Can my employer clock me in and out?

As long as the time is recorded accurately, your employer is legally allowed to clock you in and out. However, if doing so violates your employment agreement, you may want to speak with your employer about how to better handle the situation.

If an employer clocking you in and out has resulted in inaccurate payment, it may be worth speaking to an attorney.

Can I legally clock another person in and out?

Again, it is perfectly legal to clock another person in and out, even if you are only a coworker and not an employer. The important detail is whether the information is accurate or not.

Is an employer ever legally allowed to withhold my paycheck?

An employer may hold a paycheck until repayment for a debt or the return of property. However, if your employer attempts to withhold a paycheck indefinitely, you should contact your state’s Department of Labor. 

When should I hire an attorney for unpaid wages?

To make a long story short, you are owed a fair wage for your work. If your employer refuses to pay you fully, you may want to contact an attorney who specializes in unpaid wages. 

Here are some scenarios that definitely demand a call to an attorney:

• You are being paid less than minimum wage
• You are not being allowed a paid break time as required by law
• You are not being paid for “off the clock” work
• You are not being paid a minimum of time-and-a-half for overtime work
• You are not being paid for unused vacation time

No unpaid wages claims are ever cut and dry. This area of the law leaves room for a lot of interpretation. For that reason, it’s in your best interest to speak with an attorney about whether you have a case. 

If you are ready to learn more about your rights as an employee, get in touch with an attorney from Morgan & Morgan. We are very experienced in this field of law and would love to discuss your situation more specifically. Simply visit our contact page to schedule your free case evaluation today.