Off-the-Clock Work Violations

You Clocked Out But You Kept Working and That’s Not Legal

Clocking out should mean you’re done working. But for too many New Yorkers, it doesn’t. You close out the register, then stay to clean. You finish your shift, then answer texts from your boss. Maybe you “just help out” while you wait for your ride. But none of that time makes it onto your paycheck. That’s illegal.

At Horn Wright, LLP, our employment law attorneys have handled hundreds of cases where workers were pressured to give away their time. We know how subtle it can be, and how damaging. If you've worked off the clock, we can help you get paid for every minute of it.

Under the Fair Labor Standards Act (FLSA), all hours worked must be recorded and compensated. There are no exceptions for short tasks, cleaning up, or replying to messages outside your shift. If you're working, you're working, and that means you're owed pay.

This applies across industries, from corporate offices to fast food kitchens. You don't need to be hourly or salaried to be protected. If your employer knew or should have known you were still performing work after clocking out, and they failed to pay you, that’s a violation of both federal and state law.

What Counts as Off-the-Clock Work in New York

You might be doing extra work without even realizing it. The law defines “work” as any time you’re under the control or direction of your employer, even if it feels informal or minor. It doesn’t have to happen on the premises or during your normal schedule.

Examples of off-the-clock work under New York Labor Law §190 includes tasks done before or after your scheduled shift, such as preparing materials, restocking, cleaning, or handling last-minute requests from supervisors. Even if you don’t mind doing it, it’s still considered work, and it still has to be paid.

Employers can’t get around these rules by calling the work “voluntary,” especially if there’s pressure to do it anyway. If your time benefits the business and you're not being paid, that's a problem the law takes seriously.

Common Examples of Unpaid Work Time

Off-the-clock violations aren’t always dramatic. They’re usually baked into your daily routine. Many workers don’t question them because “that’s just how it’s done.” But those small tasks add up fast. Even ten extra minutes per shift over several months can mean dozens of hours of unpaid labor.

One of the most common forms is closing up after your shift ends. You’ve clocked out, but you’re still wiping counters, locking up, or doing the trash run. That time counts. Another is working during unpaid meal breaks, answering questions, watching the register, or prepping for the next rush. If you're interrupted, you're working.

Post-shift communication is another major issue. Employers now rely on texts and apps for updates, scheduling, and reminders. But if you're reading or responding after hours, you're working off the clock. That’s compensable, and if you weren’t paid for it, you could be owed back wages and damages.

Why Off-the-Clock Work Happens So Often in Retail and Food Service

Retail and restaurant jobs are especially prone to off-the-clock abuse. These industries often run on thin margins, high turnover, and informal expectations. That combination creates pressure to keep labor costs down, and that often leads to illegal shortcuts.

According to data from the U.S. Department of Labor, food service and retail make up a large portion of wage and hour violations in New York. Employers often expect “free labor” during slow hours or while waiting for closing, ask workers to come early or stay late without clocking in, or penalize employees for taking too long to finish tasks, discouraging them from logging their full time.

In busy service jobs, multitasking during breaks or lingering after hours becomes routine. But just because it’s common doesn’t mean it’s legal. The law doesn’t make exceptions based on industry norms. If you’re doing work, your time must be paid.

How Employers Pressure Workers to Work Without Pay

Most employers don’t come right out and say, “Work for free.” Instead, they create an environment where unpaid time feels expected. That pressure can be subtle, but it’s real. And it’s one of the reasons workers hesitate to speak up.

Common tactics include creating a culture of guilt where employees feel bad for taking full breaks or logging their real hours. Workers are often praised for being “team players” when they stay late or show up early without pay. Over time, this starts to feel like part of the job, even though it’s not.

Employers might also drop hints about labor costs or say things like “we’re watching hours closely,” which indirectly discourages workers from tracking all their time. If these strategies result in unpaid work, the employer can still be held accountable, even if they never directly told you to stay off the clock.

What to Do If You Are Told to “Just Help Out Quickly”

This is a classic setup. You clock out, head for the door, and your manager stops you: “Hey, can you help out for a second?” It feels harmless, but if it happens regularly, it’s likely a wage violation. And yes, even two minutes count under the law.

If you’re asked to help after clocking out, the best response is to politely ask whether you should clock back in. If they say no or wave it off, you should still make a note of the time, task, and who asked you. Documenting that moment could help you later if a claim becomes necessary.

You don’t have to confront your boss or cause a scene. Quietly recording these instances in a notebook or phone app can be enough. Over time, these notes create a timeline of unpaid labor. And in court or before the New York Department of Labor, that timeline matters. Our employment law attorneys can help you with this.

How to Document These Violations Without Getting Fired

Speaking up about unpaid work is risky. That’s why documentation matters. You can build a strong case quietly, without putting yourself in danger. Start by keeping a personal log of your hours. Write down every instance of unpaid time, including who was present and what you were asked to do.

Save any texts, messages, or emails from supervisors that show you were expected to work before or after clocking out. Screenshot your schedule if it doesn’t match your actual hours. Back up these files somewhere safe outside of your workplace system.

If you’re not alone, talk to coworkers you trust. If others are also affected, you may have strength in numbers. Group claims often carry more weight, and your employer can’t legally retaliate just because you stood up for your rights. Under NY Labor Law §215 and the FLSA, retaliation is itself a violation.

How New York Handles Off-the-Clock Claims Differently than Maine

New York offers broader protections and longer deadlines than many states, including Maine. Under NY Labor Law §198, workers can recover unpaid wages going back six years. Maine limits that to three years under Title 26, Chapter 7. That difference alone can double your potential recovery.

New York also makes it easier to collect additional compensation. Liquidated damages are often awarded equal to the amount of unpaid wages, and you don’t have to prove bad faith to receive them. Maine requires extra evidence to award similar penalties.

The NYSDOL also tends to be more active in pursuing wage claims and enforces stricter timekeeping rules. If you worked in both states or are deciding where to file, New York law usually gives you a stronger case with a better outcome.

How Much You May Be Owed for Off-the-Clock Time

Even short periods of unpaid work can add up to big numbers, especially if it went on for months or years. Relevant law lets workers claim back pay for every off-the-clock minute they worked. That includes early prep, late clean-up, and after-hours communication.

In addition to back wages, the law allows you to collect liquidated damages equal to the unpaid amount. You can also recover interest and have your attorney’s fees covered if your claim succeeds. That’s not a bonus, it’s the law making up for lost time and financial stress.

Depending on your wage, schedule, and how long the violations occurred, your recovery could reach into the thousands. And if your case involves multiple employees with the same complaint, you may be eligible for a collective or class action that brings even more impact.

Horn Wright, LLP, Fights for Every Minute They Didn’t Pay You For

You stayed late. You showed up early. You helped out without being asked. If your paycheck didn’t reflect that, we’re here to fix it. Horn Wright, LLP, has helped workers across New York recover unpaid off-the-clock wages. If you're ready to team up with a legal team that takes your time seriously, we’re ready to fight for you.