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Is It Legal for My Boss to Tell Me Not to Record Overtime Hours?
If you’re asking, “Is it legal for my boss to tell me not to record overtime hours?” – the answer is almost always no. Employers are generally required to track and pay for all hours worked, including overtime. Telling employees not to record overtime may violate both federal and Ohio wage laws.
Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid time and a half for hours worked beyond 40 in a workweek. This means that even if your employer discourages or prohibits you from recording overtime, they are still legally required to compensate you for that time if you worked it.
Why Telling You Not to Record Overtime Is Likely Illegal
If your boss instructs you not to record overtime hours, they may be:
Violating the FLSA and Ohio wage laws
Attempting to avoid paying unpaid overtime
Creating grounds for a wage theft or unpaid wages claim
Courts have routinely held that employers cannot avoid liability simply because employees were told not to record their extra hours. For example, in Craig v. Bridges Bros. Trucking LLC, 823 F.3d 382 (6th Cir. 2016), the Sixth Circuit (which includes Ohio) held that even if an employer has a policy requiring pre-approval for overtime, they still must pay for it if it was worked.
In other words, an employer cannot legally say:
“You’re not allowed to work overtime – but if you do, we’re not paying you.”
What If You’re Pressured to “Work Off the Clock”?
Many Ohio employees are pressured to:
Start work early without logging in
Stay late without pay
Answer calls or emails after hours
Skip lunch breaks but not record that time
If your boss is telling you to “just get it done” without recording time, that could be illegal off-the-clock work.
Under Ohio law and federal standards, even short, 5–15 minute unpaid work periods can add up to violations—especially when repeated.
How to Protect Yourself If You’re Told Not to Record Overtime
If you’re in this situation, you may want to:
Document your hoursprivately: Keep a personal log of hours worked.
Save any communications: Emails or texts where you’re told not to record time could support your case.
File a complaint: You may report violations to the U.S. Department of Labor.
Talk to an employment lawyer: Legal guidance can help protect your rights and possible compensation.
Even if you complied with your boss’s request not to record overtime, the law may still entitle you to pay. Courts recognize that power dynamics often discourage employees from speaking up.
Can You Be Retaliated Against for Reporting Overtime Violations?
No. The FLSA and Ohio Revised Code § 4111.13 protect employees from retaliation for asserting their wage rights. If you’re demoted, fired, or threatened after raising overtime concerns, you could have a retaliation claim in addition to a wage claim.
In Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (2011), the U.S. Supreme Court held that employees are protected even when their complaints are oral, not just written.
Contact Coffman Legal for a Free Consultation
If you’re wondering “Is it legal for my boss to tell me not to record overtime hours?” – it’s time to get answers. You may be owed significant compensation for past unpaid overtime or unpaid wages. An experienced employment lawyer at Coffman Legal can help you understand your rights and take action.
Call today for a free consultation.
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