Jul 02, 2025

Working 'Off the Clock': What Employers Need To Know

Disputes over unpaid work time often arise from tasks performed outside official hours — for example, answering emails, traveling between jobsites or changing into work clothes. Employers must understand when these activities count as compensable work. Read through to learn how exempt and nonexempt statuses affect wage obligations.

 

Off-the-clock work refers to job-related tasks performed without officially clocking in. Under the Fair Labor Standards Act, nonexempt employees must be paid for all hours worked, including tasks completed before or after their scheduled shift. Exempt employees, however, may have more flexibility in working beyond standard hours without additional pay.

Employers may unintentionally encourage off-the-clock work by:

  • Rewarding employees who consistently put in extra hours
  • Pressuring staff to meet deadlines without adjusting workloads
  • Failing to track or approve overtime properly

To ensure compliance, employers should establish clear policies that prevent off-the-clock work and require employees to document pre- and post-shift tasks.

Donning and doffing and the continuous workday rule

One common wage dispute involves donning and doffing — the act of putting on and taking off protective gear or uniforms. While time spent changing clothes is generally not compensable, time spent putting on or removing protective gear that is integral to the job must be paid if done on the employer's premises. This applies to police officers, nurses and firefighters; construction and food service workers; and employees required to wear hazmat suits, gloves, fire-resistant boots or safety glasses.

Additionally, the continuous workday rule states that employees must be paid for all time worked between their first and last principal activity of the day, with exceptions for meal breaks. This rule was temporarily suspended during the pandemic for remote workers but has since been reinstated.

For remote workers, any time spent completing tasks after hours — such as responding to emails or filling out reports — may be considered compensable under the continuous workday rule. Employers must track nonexempt employees' work time carefully to avoid wage violations.

Travel considerations

Travel time is another area where compensation rules can be unclear. Among the key distinctions are that commuting to a regular jobsite and overnight travel outside normal work hours are not compensable unless the employee is working (e.g., writing reports on a flight). However, the following activities are examples of compensable work: traveling between jobsites during a workday, same-day travel to another city for work and overnight travel during normal work hours (even on weekends).

Avoiding legal pitfalls

Employers must comply with both federal and state wage laws to prevent disputes over off-the-clock work. Steps to ensure compliance include:

  • Implementing a clear overtime approval process to ensure extra hours are tracked and compensated
  • Tracking and paying nonexempt employees for all work performed, whether in the office or remotely
  • Ensuring that nonexempt employees who work more than 40 hours in a workweek receive overtime pay at 1.5 times their regular rate
  • Verifying that exempt employees receive their full salary unless a specific exception applies
  • Reviewing state and local labor laws, which may impose stricter requirements than federal regulations do

Mismanagement of off-the-clock work can lead to wage disputes, employee complaints and potential Department of Labor audits. A structured approach to timekeeping and compensation will help businesses avoid legal risks while ensuring fair pay for employees.

 ©2025


 

MORE RECENT NEWS…


May 07, 2026

Stronger Trust, Stronger Teams: Practical Steps for Leaders

A business operates more smoothly when employees trust their leadership. Clear communication, steady access to their manager and genuine recognition can reduce turnover, limit confusion and improve daily operations. Read through to learn how you can build that trust through simple, consistently applied habits.


May 06, 2026

Staying Power: Employee Retention Through Stay Interviews

Employee retention, especially among top performers, is key to the success of any organization. How can you, as an employer, encourage your best employees to stay with you? Read through to learn how conducting stay interviews can be an important retention strategy for your company.


May 05, 2026

Data Analytics To Replace Gut Instincts

Every time you run payroll, you can use the data to analyze patterns in overtime, sick leave and benefits costs. Read through for information about how this data can help you establish a budget for your business.


May 04, 2026

Employee or Independent Contractor? What Employers Need To Know

U.S. businesses increasingly rely on independent talent, but misclassifying workers can trigger audits, penalties and costly litigation. Read through to understand how to classify workers correctly and avoid common pitfalls.


Apr 09, 2026

Onboarding in the Emerging New Normal

Attracting and retaining talent is a top priority for many companies. Paying attention to the company's onboarding process is key to engaging the new hire. Read through for some tips on keeping valued employees.


Apr 08, 2026

Cross-Training and Upskilling: Building a Stronger Workforce

The success of an organization relies largely on the strength of its workforce. Today's unpredictable business climate requires employees to be nimble. Read through for a discussion on why cross-training and upskilling your staff should be a top priority.




More News & Press can be found in our Archive.