Unpaid overtime and off the clock work

What counts as time worked, how to check whether overtime was paid, and the steps if it was not.

Last reviewed September 23, 2026 by Time Card Calculator Tool

Work it out on your own hours: Overtime calculator, free with no sign-up.

Unpaid overtime rarely looks like a missing paycheck. It usually looks like ten minutes before a shift, a lunch that was not really a break, emails at home, or a bonus left out of the overtime rate. This guide explains what counts as work, how to check your pay, and what to do if something is missing. It is general information, not legal advice.

What counts as hours worked

Under the Fair Labor Standards Act, work "suffered or permitted" is hours worked (29 CFR 785.11). If the employer knows or has reason to know you are working, the time counts, even if nobody asked you to do it and even if a policy says overtime needs approval. Common off the clock time includes:

• Setting up, logging in or booting systems before clocking in.
• Security screenings, putting on required protective gear, or closing duties after clocking out, depending on the job.
• Working through an unpaid lunch, or a lunch deducted automatically that was not taken.
• Answering calls, messages or emails outside the shift.
• Required training and meetings.
• Travel between job sites during the workday.

Checking whether you were paid correctly

1. Write down your actual start, meal and end times each day for a couple of pay periods.
2. Enter them in the time card calculator with the overtime rule for your state and your employer's workweek start day.
3. Compare the regular and overtime hours with your pay stub, week by week, not across the whole pay period.
4. If you received bonuses or a shift differential, check the overtime rate against the regular rate, not your base wage.

Raising it

Most errors are fixed by payroll once they are pointed out. Put the question in writing (email is fine), list the dates and hours, and keep a copy. Retaliating against an employee for raising a wage complaint, internally or with the government, is illegal under section 15(a)(3) of the FLSA.

Filing a complaint

If payroll does not resolve it, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division, free of charge, by phone at 1-866-487-9243 or through the Wage and Hour Division complaint page. Your state labor department handles state law claims such as daily overtime and meal breaks, and some states have stronger remedies than federal law.

Time limits

Federal claims for unpaid minimum wage or overtime generally have to be brought within two years, or three years if the violation was willful. Each paycheck starts its own clock, so older underpayments drop out of reach over time. State deadlines differ and are often longer. Where back wages are owed under the FLSA, an equal amount in liquidated damages can also be awarded.

Keeping evidence

Your own contemporaneous notes, calendar entries, messages sent outside hours, and photos of time cards are all useful. If the employer's records are incomplete, courts allow employees to prove their hours by reasonable estimate; see how long employers keep time records.