Can my employer require me to perform work duties while off the clock?

UPDATED: Sep 29, 2022

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Can my employer require me to perform work duties while off the clock?

If I fail to sign off on my timecard, is my employer still required to pay me on my required payday according to the hours I have clocked?

Asked on November 2, 2015 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you can't be required to do work off the clock: all work is by definition on the clock, since hourly employees must be paid for all work done, whether done before, during, or after normal work hours. A failure to pay for all hours worked is a violation of labor laws, such as the Fair Labor Standards Act (FLSA), and you could sue for the money or contact your state labor department to file a complaint (which is free to do). (And note: if you worked more than 40 hours in a week, you must be paid for all hours past 40.)
If you don't sign the time card, your employer could refuse to pay you, since you did not complete your paperwork. You may wish to contact the labor department right away and file the complaint now, rather than sign off on inaccurate time cards then trying to complain later. The Labor Dept. can guide you in what to do vis-a-vis the time card(s).

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