Off-the-Clock Work

If you’re doing job tasks before you clock in, after you clock out, or through your breaks, that time is work — and you’re owed pay for it.

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What is off-the-clock work?

Off-the-clock work is any job-related task an employer doesn’t pay for — setup before a shift, cleanup after, working through breaks, or answering messages from home. If your employer knows or should know you’re doing it, they’re legally required to pay you for that time.

Off-the-clock work usually hides in the minutes around your shift — the time that never makes it onto your timesheet.

How off-the-clock work shows up at work

  • You set up, prep, or boot up systems before clocking in

  • You finish tasks, clean up, or close out after clocking out

  • You work through unpaid meal or rest breaks

  • You answer calls, texts, or emails after hours

  • You do required travel between job sites without pay

  • You attend “voluntary” meetings or training that aren’t really optional

  • Your manager edits your time to cut hours you actually worked

  • Your time is rounded down every shift until it adds up

Federal and state protections

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You’re owed pay for all the time you work — on or off the clock.

Federal

The Fair Labor Standards Act (FLSA) requires employers to pay for all hours worked, including tasks done before and after a shift and through unpaid breaks. If an employer knows or has reason to know you’re working, they generally have to pay you — even if they didn’t specifically ask you to.

Minnesota

Minnesota law requires payment for all hours worked and sets rules around break time and recordkeeping. When off-the-clock work pushes your hours over 40 in a week, Minnesota’s overtime protections can apply on top of the unpaid straight-time wages.

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Illinois

Illinois law requires employers to pay for all time worked and enforces recordkeeping and payment rules through the Wage Payment and Collection Act. Off-the-clock hours that push you past 40 in a week can also trigger Illinois overtime protections.

Learn more

Not sure which law applies to your situation? That’s what we figure out with you.

Off-the-clock time is real work, and the law treats it that way:

  • Pay for all the unpaid time you worked
  • Overtime pay, if the off-the-clock hours pushed you over 40 in a week
  • Liquidated damages — often equal to the unpaid amount, effectively doubling it
  • Interest and penalties
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle off-the-clock work cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Common questions about off-the-clock work

  • What actually counts as off-the-clock work?

    Any job task your employer doesn’t pay for — prep before your shift, cleanup after, working through breaks, required travel between sites, or answering work messages from home. If it’s work and your employer knows or should know you’re doing it, you’re generally owed pay for it.

  • What if my employer didn’t tell me to work off the clock?

    You may still be owed pay. Under the law, if an employer knows or has reason to know you’re working — even without directly asking — they generally have to pay you. “We never told you to do that” is often not a valid defense.

  • Does answering emails or texts after hours count?

    It can. If you’re regularly handling work communications outside your paid hours as part of your job, that time may be compensable. Small amounts add up, and a consistent pattern of after-hours work can add up to significant unpaid wages.

  • What if there’s no record of the hours I worked off the clock?

    You can still have a case. Employers are legally required to track hours worked, and when they fail to, the law often gives the worker the benefit of the doubt. Your own notes, messages, and recollection can help establish the time.

  • Can my employer round my time down?

    Rounding is allowed only if it’s neutral over time — it can’t consistently favor the employer. If your time is always rounded down, or rounding systematically shaves minutes off your pay, that can be an unlawful way of taking wages you earned.

See all unpaid wages FAQs

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Common questions

How far back can I claim off-the-clock wages?

Federal claims generally reach back two years, or three for willful violations, with state deadlines that can vary. Because older unpaid time drops off as the clock runs, it’s best to act sooner rather than later.

How much does it cost to hire a wage lawyer?

For most cases, nothing upfront. We work on contingency, and in many wage cases the law requires the employer to pay your attorney’s fees on top of what you recover. The first call to find out if you have a case is free.

Can I be fired for reporting off-the-clock work?

No. Retaliating against you for raising or claiming unpaid wages is illegal. If your employer cut your hours, demoted you, or fired you after you spoke up, that’s a separate violation that can strengthen your case.

What if everyone at my job works off the clock?

Then you may not be the only one with a claim. When off-the-clock work is built into how a workplace runs, it often affects many workers at once — and those cases can be brought together, which can make them stronger.

Do short amounts of time really matter?

Yes. A few unpaid minutes each shift can add up to hours over weeks and months, and the law generally requires payment for all of it. Employers don’t get to treat small increments of work time as free.