Work schedules help employees understand when their workday begins and when it ends. However, some job responsibilities may make it difficult to leave work behind once a shift is over.
Employees may find themselves answering messages at home, arriving early to prepare for the day or finishing tasks hours after clocking out. When this time goes unpaid, it can raise questions about whether an employer is following wage and hour laws.
Understanding your right to be paid for work
Under federal law, covered nonexempt employees generally must be paid for all hours they work, including certain tasks performed before or after a scheduled shift. This may include setting up equipment, completing required paperwork or responding to work-related messages outside regular hours. Even if an employer does not specifically ask an employee to record this time, the work may still need to be paid if the employer knows or has reason to believe it is being performed.
Unpaid work can also happen when employees are expected to stay late to finish assignments or handle additional responsibilities after clocking out. Employers generally cannot avoid paying for compensable work simply by requiring employees to clock out first. Whether the time must be paid depends on the circumstances, including the type of work performed and whether the employer knew or should have known about it. Under federal law, covered nonexempt employees generally must receive overtime pay for hours worked beyond 40 in a workweek, although some employees may be subject to different rules under applicable law.
Keeping track of unpaid work can help employees understand whether their rights may have been violated. Recording the dates, hours worked, tasks completed and any instructions from supervisors can help provide useful information if a pay dispute arises. These records can help establish how much time was spent working and whether that time was properly included in their pay.
Employees should not have to guess whether their time is being valued fairly. If an employer regularly expects work to be completed without pay, speaking with a qualified legal professional can help clarify the protections that may apply and the options available for addressing unpaid wages.