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off-the-clock (OTC) work
Practical Law Glossary Item 8-517-3906 (Approx. 3 pages)
Glossary
off-the-clock (OTC) work
Work performed by a nonexempt employee that is not accurately recorded or captured by the employer's timekeeping procedures.
Accurate recording of hours worked is:
- Necessary to ensure employees are paid for all compensable working time, as required by federal, state, and local law.
- Necessary to calculate an employee's minimum wage and overtime pay.
- Required by the employer recordkeeping provisions of the federal Fair Labor Standards Act (FLSA) and most state and local wage and hour laws.
An employer's failure to compensate employees for OTC work is a commonly litigated issue. Employees frequently allege, for example, that:
- Their supervisor pressured them (directly or indirectly) not to record overtime hours or time spent working from home, such as responding to emails after hours.
- The employer's timekeeping procedures do not accurately reflect when employees begin or end their work day, such as time spent donning and doffing protective gear or walking to and from the time clock.
For more information about OTC work under the FLSA, see Practice Notes, Wage and Hour Law: Overview and Compensable Time.
State and local law may impose additional or different requirements concerning OTC work. For more information, see Wage and Hour Laws: State Q&A Tool.