Non-exempt employees must never work "off the clock." An employee is considered to be working, or "on the clock," when he or she is at the workstation ready to work. The FLSA states that work that is off-the-clock is the same as overtime not compensated by an employer at a standard hourly wage. In fact, a survey, showed that 43% of American employees checked their work emails every few hours when they were off-duty in 2019. Although some managers may misunderstand they are requiring employees to work off-the-clock, extra work is deemed fine. It is illegal for an employer to encourage off-the-clock work. For example: Employers cannot knowingly allow (or ask) employees to work off the clock. YES, YES, YES!!! The employees are exempt from overtime, this is not a problem because they get the same salary every week, regardless of the total hours worked for employees entitled to overtime, any work performed must be counted and paid. Most of The Time, the Answer Is No: For-Profit Private Employers Cannot Accept Free Labor. It's also a huge risk with insurance, cuz you pay certain premiums for employees and if something happens to them its covered, but if they're off the clock and hurt at work, then suddenly insurance doesn't cover it AND I believe the company is left open for workmans comp claims as . An employer in violation of the law by allowing for unpaid, work off-the-clock, or ignoring the activity and not paying the time, rather than communicating where and when the work should take place, is in violation of FLSA law.

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