Do I have to work off the clock / unpaid overtime?

No — you generally cannot be required to work off the clock, and your employer must pay you for all hours worked, including overtime. This is a fundamental protection under the Fair Labor Standards Act (FLSA). ^[1][2] **The FLSA rule: all hours worked must be paid ^[1] Under the FLSA, a non-exempt employee must be paid for all time spent working, including time the employer "suffers or permits" an employee to work. This means: - If your employer knows (or should know) you are working, they must pay you — even if they did not formally authorize the work - You cannot validly waive your right to pay for hours worked - Employees cannot agree to work for free Overtime pay ^[1][2] Non-exempt employees must be paid 1.5 times their regular rate for all hours worked over 40 in a workweek**. ^[1] An employer cannot require you to work overtime off the clock to avoid paying the overtime premium. Common illegal practices include: - Requiring employees to clock out and then continue working - Pressuring employees to skip recording all their time - Editing employee time records to reduce hours - Requiring "prep" or "cleanup" work before clocking in **Exempt vs. non-exempt employees ^[2] Some employees are exempt from FLSA overtime rules — primarily executive, administrative, and professional employees who: - Are paid on a salary basis (not hourly) - Earn at least $684/week (as of 2024) - Perform primarily exempt duties Exempt employees may be asked to work additional hours without additional pay, but they must still receive their full weekly salary. What to do if your employer requires off-the-clock work You can: - File a complaint with the DOL Wage and Hour Division** (confidential) - Sue your employer for back wages, liquidated (double) damages, and attorneys' fees under 29 U.S.C. § 216 ^[3] - The statute of limitations for FLSA claims is 2 years (3 years for willful violations) *Keep your own records of hours worked. If your employer is shaving your time records, document it carefully.*