Is my employer allowed to make me work off the clock?

Is My Employer Allowed to Make Me Work Off the Clock?

If you’re asking, “Is my employer allowed to make me work off the clock?”, the short answer is: likely not. Under both federal and Ohio law, most employees must be paid for all hours worked, even if the work happens before clocking in or after clocking out. This includes time spent preparing for work, finishing tasks, or attending required meetings. Employers that ask or expect employees to work off the clock may be violating the Fair Labor Standards Act (FLSA), and employees could be entitled to back pay and damages.

Is My Employer Allowed to Make Me Work Off the Clock During Breaks or Prep Time?

It is generally unlawful for employers to require or allow non-exempt employees to work during unpaid breaks, setup time, or cleanup time without compensation. For example, if a nursing home attendant is expected to prep medical supplies before their shift officially begins, that time should be paid. Likewise, retail workers expected to clean up after their shift ends must be paid for that time.

Courts have repeatedly held employers accountable for this. In Chao v. Gotham Registry, Inc., 514 F.3d 280 (2d Cir. 2008), the court emphasized that an employer’s knowledge (actual or constructive) of off-the-clock work creates liability, even if the employee failed to report the time.

What if I’m a Salaried Employee—Does That Change Anything?

Many salaried employees believe they are automatically exempt from overtime rules, but that’s not always true. Under the FLSA, only certain salaried positions qualify for exemption. If your duties don’t meet those strict criteria, you may still be entitled to pay for all hours worked, including time spent working off the clock. Ohio law aligns with these protections, and state courts often defer to federal standards.

If you’re salaried but perform non-exempt tasks – such as manual labor, customer service, or shift-based roles – you may have a valid claim for unpaid overtime.

Can My Boss Ask Me Not to Record Certain Hours?

No. Telling employees to “keep it off the books” or “just get it done” without tracking time is a red flag. Employers are responsible for maintaining accurate records of time worked and must pay employees accordingly. Any attempt to manipulate or ignore timekeeping obligations can expose them to legal action.

In Kuebel v. Black & Decker Inc., 643 F.3d 352 (2d Cir. 2011), the court found that even if the employee didn’t formally report off-the-clock work, the employer could still be liable if it had reason to know the work occurred.

What Should I Do If I’m Being Asked to Work Off the Clock?

If you suspect you’ve worked off the clock without pay, start by documenting:

• Dates and times of unpaid work

• Any messages or verbal instructions from your employer

• The nature of the work performed

Then, speak with an employment lawyer to assess your legal options. You may be eligible to recover unpaid wages, liquidated damages, and attorney fees. It’s best to act quickly, as wage claims are subject to strict time limits under the FLSA and Ohio law.

Contact Coffman Legal for a Free Consultation

At Coffman Legal, our employment lawyers understand the tactics employers use to avoid paying fair wages. If you’ve been asked to work off the clock, you may have a legal claim. Contact us today for a free, confidential consultation to discuss your rights and next steps.