August 05, 2025 in HR, Compliance

Off-the-Clock Work: What It Is and How to Stay Compliant

By: Danielle Levine

If you're not paying attention to off-the-clock work, your business could be exposed to wage violations and costly legal trouble, even if it's unintentional.

From quick email replies after hours to pre-shift prep or post-shift reporting, time that employees spend working outside of recorded hours may still require compensation. In fact, failing to properly track or pay for this time is one of the most common Fair Labor Standards Act (FLSA) violations.

So what exactly counts as off-the-clock work? And how can employers stay compliant without disrupting operations?

Let’s break it down.

What Is Off-the-Clock Work?
Common Scenarios Employers Miss
Donning, Doffing, and the Continuous Workday Rule
Remote Work and After-Hours Activity
Travel Time: What’s Compensable?
Avoiding Off-the-Clock Mistakes
Final Thoughts on Off-the-Clock Work
Frequently Asked Questions (FAQs)

What Is Off-the-Clock Work?

Off-the-clock work includes any job-related activity performed by a nonexempt employee that isn’t logged in your official timekeeping system.

These tasks often fly under the radar. Think answering a manager’s late-night email, booting up a computer before clocking in, or stopping by a second client site after hours. While these may seem like minor things, they add up — and if you’re not compensating nonexempt employees for them, you could be in violation of federal wage laws.

Under the FLSA, employees who are classified as nonexempt must be paid for all hours worked, whether the time is pre-approved or not.

Want to make sure your time tracking software captures all hours worked? Explore Excelforce’s Time & Labor solution.

Common Scenarios Employers Miss

You may not be asking employees to work extra time, but certain business practices could be unintentionally encouraging it.

Here are a few red flags to watch for:

Unwritten expectations to answer after-hours messages
Rewarding staff who put in extra time without pay
Failing to approve or record overtime properly
Overloading employees without adjusting shift times

If any of this sounds familiar, it’s time to establish stronger controls around time tracking and compensation.

Donning, Doffing, and the Continuous Workday Rule

One often-overlooked area of compliance involves donning and doffing: the process of putting on and taking off required protective gear or uniforms. According to federal law, time spent on these activities must be paid if the gear is necessary for the job and done on the employer's premises.

This applies in fields like:

Healthcare (e.g., nurses, home health aides)
Public safety (e.g., police officers, firefighters)
Construction and manufacturing
Food service roles involving safety equipment

Closely related is the continuous workday rule, which states that nonexempt employees must be paid for all time worked from their first to last principal task of the day, excluding meal breaks.

This rule briefly changed during the pandemic for remote workers but has since reverted. That means employees working from home should still be compensated for emails, reports, or other tasks done before or after their formal shift.

Need help navigating evolving labor laws? Check out our HR Compliance Services.

Remote Work and After-Hours Activity

Remote employees present a unique challenge. Just because someone works from home doesn’t mean the rules go out the window.

Any after-hours communication or task that’s related to their job may count as compensable time. That includes replying to Slack messages, logging into payroll systems, or preparing reports after dinner.

To stay compliant:

Use scheduling and time-tracking tools that work for in-office and remote workers
Communicate clearly when employees are expected to be online
Pay attention to “offhand” work behaviors that might go untracked

Travel Time: What’s Compensable?

Travel can be confusing, but here are the general rules:

Type of Travel	Paid?
Regular commute to jobsite	No
Travel between job locations in a day	Yes
Same-day travel to another city	Yes
Overnight travel during work hours	Yes
Overnight travel outside work hours	No, unless working (e.g., writing reports on a plane)

It’s critical to document expectations and provide tools for employees to log their time when traveling for work.

Avoiding Off-the-Clock Mistakes

Off-the-clock violations can result in back pay, penalties, lawsuits, and Department of Labor audits. Avoiding these risks starts with a proactive approach.

Here’s are some recommendations:

✅ Create a written policy that prohibits off-the-clock work
✅ Require employees to track all hours, even minor ones
✅ Set up a formal process for approving and paying overtime
✅ Regularly review your timekeeping system for gaps
✅ Stay up to date on state and local laws (which may be stricter than federal rules)

Related: Payroll Compliance Checklist

Final Thoughts on Off-the-Clock Work

If your time-tracking and payroll systems aren’t keeping up with the realities of modern work, it’s time to make a change. Whether you manage a homecare agency with multiple shifts or a professional services firm with remote staff, tracking hours accurately isn’t optional — it’s critical.

Frequently Asked Questions (FAQs)

What is considered off-the-clock work?

Off-the-clock work refers to any job-related task performed by a nonexempt employee that is not recorded or compensated through the company’s payroll system. Common examples include checking work email after hours, setting up equipment before a shift, or completing reports after clocking out.

Do employers have to pay for work done outside of scheduled hours?

Yes. Under the Fair Labor Standards Act (FLSA), nonexempt employees must be compensated for all hours worked, regardless of whether those hours fall within their scheduled shifts. Employers are legally responsible for paying employees even if the time was not pre-approved.

Is checking email after work considered compensable time?

Yes, if the employee is nonexempt and the task is job-related, such as reading or replying to work emails, it may count as compensable off-the-clock work. Employers should discourage off-hours communication unless it’s properly tracked and paid.

Do remote workers qualify for off-the-clock protections?

Absolutely. Remote workers are entitled to the same wage and hour protections as on-site employees. If a remote employee performs any job duties outside their official hours, that time may still be compensable under the continuous workday rule.

What is the continuous workday rule?

The continuous workday rule states that employees must be paid for all time between their first and last principal work activity of the day. This includes pre-shift prep and post-shift wrap-up but excludes unpaid meal breaks.

Is time spent putting on uniforms or gear paid?

Sometimes. This process, known as donning and doffing, is compensable if the protective gear is essential to the job and the activity occurs on the employer's premises. Examples include nurses putting on PPE or food workers suiting up with safety gear.

What travel time must employers pay for?

Employers typically must compensate for:

Travel between job sites during a shift
Same-day travel to another city
Overnight travel that occurs during normal work hours, including weekends

Commuting to a regular jobsite or overnight travel outside normal hours is generally not compensable, unless the employee is actively working (e.g., writing reports during the trip).

Can exempt employees work off the clock?

Exempt employees, who are salaried and not eligible for overtime, may work outside typical hours without additional pay. However, they must still receive their full salary for any week in which they perform work, unless a valid deduction applies.

©2025 - Content on this blog is intended to provide helpful, general information. Because laws and regulations evolve, please consult an HR professional or legal expert for guidance specific to your situation

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