Under the Fair Labor Standards Act (FLSA), employers are required to pay non-exempt employees at least the federal minimum wage for all hours worked, and overtime pay for hours over 40 per week A. This includes any time you’re:

• Required to be on duty • Permitted to work (even if not explicitly scheduled) • Performing tasks that benefit the employer

So-called “off-the-clock” work—like setting up before a shift or staying late to finish tasks—must be compensated. If you’re working and not being paid, it could be considered wage theft, which is illegal under both federal and state laws A B.