Wage & Hour Violations: Off-Clock Work, Expenses, and Remote Work Rights

Wage theft is the most common labor violation in the United States — and most victims never realize it's happening. It doesn't always look like a stolen paycheck. More often it looks like answering emails after hours, buying your own work supplies, or being told you're "salaried" so overtime doesn't apply. This guide breaks down the three most common wage and hour issues employees face today.

The Law That Governs Your Pay

The Fair Labor Standards Act (FLSA) is the primary federal law governing wages and hours. It sets the federal minimum wage, requires overtime pay for non-exempt employees, and mandates that employers pay for all hours "suffered or permitted" — meaning any work the employer knew about or should have known about, even if it wasn't explicitly requested.

Most states have their own wage and hour laws that provide additional protections. When state law is more generous than federal law, the state standard applies. California, in particular, has some of the most employee-protective wage laws in the country.

Off-Clock Work: When You Must Be Paid

"Off-the-clock" work refers to any work performed outside of recorded hours — before clocking in, after clocking out, during unpaid breaks, or outside scheduled shifts. Under the FLSA, all of this time must be compensated if the employer knew or should have known the work was being performed.

Common Off-Clock Violations

Pre-shift preparation: Setting up equipment, booting computers, reviewing assignments, or donning required gear before the clock starts.
Post-shift wrap-up: Completing paperwork, closing out registers, cleaning workstations, or filing reports after clocking out.
After-hours messages: Responding to work emails, texts, or calls outside of scheduled hours — especially if expected or required.
Working through breaks: Eating lunch at your desk while working, or being interrupted during a meal break to handle work tasks.
Mandatory training: Safety meetings, onboarding sessions, or required training held outside of paid hours.

The "I didn't ask them to work" defense doesn't hold up. If a manager sees an employee working off the clock and says nothing, that is "suffering or permitting" the work — and it must be compensated. Employers cannot benefit from work they know is being performed and then refuse to pay for it.

Expense Reimbursement: What Employers Must Cover

Federal law under the FLSA does not explicitly require expense reimbursement — but it does require that wages not fall below minimum wage after deducting business expenses. Many states go further. California, Illinois, Massachusetts, Montana, and Iowa have explicit statutes requiring employers to reimburse employees for all necessary business expenses.

Commonly Disputed Expenses

Vehicle and mileage: Driving between job sites, using a personal vehicle for deliveries or service calls, parking and tolls for work travel.
Phone and internet: Using a personal cell phone for work calls, texts, or email; home internet used for remote work; data overages caused by work use.
Tools and equipment: Personal tools required for the job, uniforms or required clothing not usable outside work, safety equipment not provided by the employer.
Home office: Desk, chair, monitor, or other furniture purchased for remote work; printer and paper; software subscriptions required by the employer.

Under California Labor Code § 2802, employers must reimburse employees for all necessary expenditures incurred in the discharge of their duties. This is one of the broadest expense reimbursement laws in the country — and it applies regardless of whether the employer had a written reimbursement policy. California employees can consult a wage and hour attorney at Delshad Legal about expense reimbursement claims.

Remote and Work-From-Home Arrangements

Remote work has created a new category of wage and hour disputes. When the office is your home, the boundaries between work time and personal time blur — and employers sometimes exploit that ambiguity. The law is clear: the FLSA applies equally to remote workers. If you are non-exempt, you must be paid for all hours worked, wherever you work them.

Key Issues for Remote Workers

Timekeeping: Employers must keep accurate records of hours worked for remote employees. If your employer's system rounds down, auto-clocks you out, or doesn't capture all your work time, you may be owed back wages.
After-hours availability: Being "on call" or expected to respond to messages outside your scheduled hours may constitute compensable work time, depending on how restrictive the requirement is.
Home office expenses: If your employer requires you to work from home and you purchase equipment or services to do so, you may be entitled to reimbursement — especially in California.
Internet and phone costs: Using your personal internet and cell phone for work is a business expense. In states with mandatory reimbursement laws, employers must cover a reasonable portion of these costs.
Productivity monitoring: Some employers dock pay for periods of inactivity tracked by monitoring software. If this results in you being paid for fewer hours than you actually worked, it may constitute a wage violation.
Multi-state remote work: If you work remotely from a state different from where your employer is based, the wage laws of the state where you perform the work typically apply.

Overtime: The 1.5x Rule

Under the FLSA, non-exempt employees must receive overtime pay of at least 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. This is not optional — employers cannot waive it, and employees cannot agree to forgo it.

Being salaried does not automatically make you exempt from overtime. To qualify for the overtime exemption, an employee must meet both a salary threshold (currently $684/week) and a duties test — their job must primarily involve executive, administrative, or professional work. Simply paying someone a salary does not make them exempt.

What to Do If You're Owed Wages

Document everything now. Keep a personal log of your hours worked, including off-clock time. Save pay stubs, timesheets, emails about work expectations, and records of expenses you paid out of pocket.
Know your filing options. You can file a wage claim with the U.S. Department of Labor's Wage and Hour Division, your state's labor agency, or file a private lawsuit. Private lawsuits can recover back wages, an equal amount in liquidated damages, and attorney's fees.
Watch your deadlines. Federal FLSA claims must be filed within 2 years (3 years for willful violations). California allows 3 years for wage claims. Missing the deadline can permanently bar your claim.
Consult an employment attorney. Wage and hour attorneys typically work on contingency — no upfront cost. Many wage claims can be brought as class actions on behalf of all affected employees, which increases leverage significantly. California employees can consult a wage and hour attorney at Delshad Legal.

Use our documentation checklist to organize your evidence, and our case strength quiz to assess your situation.