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.
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.
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.
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 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 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.
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
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.
©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