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.

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