Non-exempt workers should never work off the clock, as the employer would be found liable of violating the FLSA. All employers should create a detailed off-the-clock work policy that explains when employees are expected to work and when they aren't.

Why is it bad to work off the clock?

This means hourly employees working off the clock can have a significant impact on your business' bottom line. Because, if an hourly employee works over 40 hours, they better be getting overtime pay.

What happens if an employee works off the clock?

Since off the clock work is often illegal, employees who file a complaint with the Department of Labor may be able to recover up to three years of back wages for unpaid hours or unpaid overtime. ... Employees may also be able to recover attorney's fees if they have won a claim for back pay.