The Real Cost of Off-the-Clock Work Under the FLSA

-

 

“It’s Just a Few Minutes… What Can It Hurt?”

The Real Cost of Off-the-Clock Work Under the FLSA
By Purciarele Group



We’ve all heard it:

“I’ll just finish this one quick task before clocking out.”

It sounds harmless — just a few minutes. But under the Fair Labor Standards Act (FLSA), there’s no “a little bit doesn’t count” clause. Those minutes can carry serious legal and financial consequences for employers.

Eye-Opening Examples of What “Free” Time Really Costs

  • $350 million settlement against Walmart to resolve 60+ lawsuits alleging employees were required to work off the clock.

  • $6 million settlement against TD Bank for allegedly requiring early arrivals to open the branch before shifts began.

  • $2.5 million settlement against Hilton LAX for failing to pay hotel workers for time spent putting on and taking off uniforms.

Why Off-the-Clock Work Isn’t “Free”

The FLSA is clear: all non-exempt (hourly) employees must be paid for every minute worked—including pre-shift tasks, post-shift wrap-ups, and after-hours communications. Even if the employee says it’s voluntary or “just helping out,” it must be paid.

Real-life examples include:

  • Checking and responding to emails after clocking out.

  • Returning work calls while on vacation.

  • Logging in before a scheduled start time.

  • Closing up shop after a scheduled end time.

  • Dropping into a quick “after-hours” team meeting.

The “De Minimis” Trap

Some employers believe short unpaid periods are negligible. Courts disagree. If off-the-clock work is repetitive or measurable, it must be paid.

Example:
5 minutes/day × 5 days/week = 25 minutes/week = 21+ hours/year per employee.
Add overtime, and the liability grows quickly.

FLSA Enforcement Means Business

The law holds employers responsible even if they didn’t directly request the work. If an employee is working:

  • You must track the time.

  • You must prevent off-the-clock hours.

  • You must ensure every minute is compensated.

Anything less is an open invitation for a lawsuit.

How to Protect Your Business

  1. Implement a Clear Timekeeping Policy — All tasks must be done on the clock, no exceptions.

  2. Train Supervisors — They should know how to spot and stop off-the-clock work immediately.

  3. Set Firm Boundaries — No “just one quick email” after clocking out.

  4. Encourage Reporting — Employees must feel safe flagging time discrepancies without retaliation.

  5. Audit Regularly — Compare schedules with time records to catch patterns before they become problems.

The Bottom Line

What feels like “helping out” — a few minutes here or there — can quickly turn into thousands in back pay, fines, and legal damage.

Every minute matters. And unless everyone follows the rules — from employees to leadership — you’re risking costly liability.

If you want airtight compliance and policies that withstand DOL scrutiny, Purciarele Group can help you implement timekeeping and wage practices that keep you protected.

📞 904-840-9074 | ✉️ info@purciarelegroup.com | 🌐 www.purciarelegroup.com

Comments

Post a Comment

Popular posts from this blog

HR Red Flags You're Ignoring—Until It's Too Late

-
Image
HR Red Flags You're Ignoring—Until It's Too Late By Purciarele Group – HR Simplified! Some business problems announce themselves with sirens. Others start with a whisper: a missed deadline, a frustrated employee, an awkward silence in a meeting. Too often, leaders dismiss these as “normal growing pains” or “people stuff that will work itself out.” Spoiler alert: it won’t. And by the time you're forced to act, it’s already cost you— in morale, productivity, reputation, or turnover. We've seen it all. These five HR red flags are the quiet killers of great teams. And if you're seeing any of them? It's time to stop ignoring and start addressing. 🚩 1. Your Best Employee Has Gone Quiet They used to take initiative, offer ideas, and mentor others. Now? They’re doing the bare minimum, logging off early, or making passive comments like, “I’m just keeping my head down these days.” What it really means: Disengagement is setting in. They’ve lost trust in lea...
Read more

Unmasking Passive Toxicity Before It Undermines Your Culture

-
Image
The Most Dangerous Person in Your Workplace Might Be ‘Nice’ Unmasking Passive Toxicity Before It Undermines Your Culture When you hear “toxic employee,” you probably picture someone who yells, resists authority, or blatantly pushes boundaries. They’re disruptive, loud, and unmistakable. But there’s another kind of toxicity—one that’s far more dangerous because it hides in plain sight. It’s the employee who smiles in meetings, avoids conflict, and presents as “easygoing” or “supportive.” They’re often described as nice —and on the surface, they probably are. But dig deeper, and you may discover that this same person is quietly derailing your team through passive-aggressive behaviors, manipulation, or strategic avoidance. This is passive toxicity —and it can do just as much damage, if not more, than overt misconduct. What Passive Toxicity Looks Like This kind of behavior doesn’t always leave obvious footprints, but over time, it corrodes trust, collaboration, and performance. You...
Read more

HR & the Spirit of Summer

-
Image
 ☀️ HR & the Spirit of Summer: Bringing a Little Sunshine Back to the Workplace Do you remember what June used to feel like? The countdown to the last day of school. The sound of flip-flops smacking against the pavement. Ice cream trucks blaring their music down suburban streets. Sleepovers. Sprinklers. Fireflies. Long days at the pool followed by even longer nights of freedom. Summer wasn’t just a season—it was a feeling. Then… you grew up. And June became just another month on the calendar—packed with meetings, deadlines, and quarterly goals. Summer break turned into “business as usual,” with the whimsy buried under piles of paperwork, overflowing inboxes, and calendars blocked from 9 to 5. But what if summer didn’t have to vanish? What if we could bring some of that childhood magic back—right into the workplace? As an HR consulting firm that partners with businesses across the country, we hear the same thing over and over again from leaders and employees alike: burnout does...
Read more