By: Mark J. Semeraro, Esq. January 23, 2026
Unpaid prep time, skipped lunches, and late-night emails in New Jersey
You clock out at 5:00 p.m., but your boss tells you to stay and “just finish up a few things.”
You’re told to arrive 20 minutes early to set up, but you’re not allowed to punch in yet.
You’re “strongly encouraged” to answer emails on your phone at night, but your paycheck never changes.
If this sounds familiar, you’re not alone. A lot of New Jersey workers quietly wonder: “Can my employer make me work off the clock?”
In many situations, the answer is: No, they can’t do that. And if they do, you may be entitled to unpaid wages and overtime.
At a Glance:
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“Off the clock” work is still work. If your employer knows (or should know) you’re doing it, they generally have to pay you for it.
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New Jersey and federal law cover most “non-exempt” workers (most hourly workers and even some ‘salaried’ shift supervisors who mostly do hands-on work).
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If you’re non-exempt, you should usually be paid:
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At least minimum wage for all hours worked, and
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Overtime (time-and-a-half) for hours over 40 in a workweek.
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Common problem areas:
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Required prep or closing time you can’t clock in for
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Working through lunch or rest breaks
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Answering emails, texts, or calls at home
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Mandatory trainings and meetings
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Travel time between job sites
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Job titles don’t decide your rights. Being “salaried” or called a “manager” doesn’t automatically mean you’re exempt from overtime.
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Documentation is crucial. If you think you’re being pushed to work off the clock, start keeping your own detailed records.
What Does “Off the Clock” Really Mean?
“Off the clock” simply means you’re performing work for your employer without being recorded or paid for that time, either because:
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You’re not allowed to punch in yet,
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You’ve already punched out, or
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Your employer has told you to record fewer hours than you actually work.
It’s not just the time you spend at your workstation. Under wage and hour laws, “work” can include:
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Prep time (setting up equipment, logging into systems)
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Required safety checks or inspections
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Waiting time when you’re not free to do what you want
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Attending required meetings or trainings
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Responding to work communications after hours
If your employer benefits from your time and controls what you’re doing, there’s a good chance it counts as work time that should be paid.
Basic Rules on Wages and Overtime in New Jersey
Most New Jersey employees are covered by both:
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The federal Fair Labor Standards Act (FLSA), and
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The New Jersey wage and hour laws (including overtime and wage theft statutes).
For most non-exempt employees (often hourly workers, but not always):
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You must be paid at least minimum wage for every hour worked, and
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You must be paid overtime (1.5x your regular rate) for every hour over 40 hours in a workweek.
If your employer is telling you to “just do it off the clock” to avoid showing more hours, that’s a red flag.
Common Off-the-Clock Situations We See
1. Unpaid Prep Time Before or After Your Shift
Red flags:
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“You need to be ready to go at 9:00, so make sure you’re here by 8:45 to set up; but you can’t clock in until 9:00.”
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“Clock out at 5:00, then clean up and close out the register.”
If you’re required to be there early to set up, or to stay late to close down, that time is usually work time. Employers can set schedules, but they can’t refuse to pay you for required time.
2. Working Through Lunch or Breaks
Common patterns:
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You’re “on lunch,” but still answering phones or helping customers.
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You eat at your desk and are expected to respond to emails.
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You’re automatically deducted a 30-minute lunch every day, even when you worked straight through.
If you’re not truly free from work duties, the law often treats that time as paid work time, not a break.
3. Answering Emails and Calls at Home
With smartphones and remote work, this is a huge “gray area” for many employees.
Examples:
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Your boss expects you to respond to texts “anytime.”
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You spend 30-60 minutes each night answering emails.
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You’re on a group chat where you’re constantly troubleshooting issues after hours.
If your employer knows or should know that you’re doing regular work outside your recorded hours, that time may need to be counted and paid. If it pushes you over 40 hours, that can mean unpaid overtime.
4. Mandatory Trainings, Meetings, and Events
If your employer requires you to attend staff meetings, trainings or webinars, or work-related events…it is usually paid time, even if its not in your normal working hours or its off-site or a weekend.
Truly voluntary, unrelated, optional events are different; but many “optional” events don’t actually feel optional to employees.
5. Travel Time and Driving Between Job Sites
Some travel time counts as work; some does not. Generally:
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Ordinary home-to-work commute is usually not paid.
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Driving between job sites during the day (e.g., multiple clients, multiple stores) is often paid work time.
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Being required to report to one location first (e.g., warehouse) and then travel to another job site can get more complicated, and can sometimes count as paid time.
If you spend a chunk of your day driving for your employer’s benefit, that shouldn’t just disappear from your timesheet.
6. Being “On Call” or “On Standby”
Being “on call” can be paid or unpaid depending on:
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How restricted you are, and
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What you’re allowed to do with your time.
If you’re stuck within a very small radius, must be ready to respond instantly, or can’t realistically use the time as your own, that may be treated as paid on-call work under wage laws.
“But I’m Salaried - Does That Mean Overtime Doesn’t Apply?”
Not necessarily.
Employers sometimes assume that if they put someone on “salary” and call them “management,” overtime rules disappear. That’s not how the law works.
To be “exempt” from overtime, your job generally must meet both a salary threshold and specific duties tests (for example, true management, professional, or administrative roles with real decision-making authority). Some red flags for misclassification include:
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You’re salaried but spend most of your time doing the same tasks as hourly workers.
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You have the title “assistant manager,” but no genuine authority to hire, fire, discipline, or set schedules.
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You routinely work 50-60 hour weeks with no overtime and no real higher-level responsibilities.
If you are misclassified as exempt, your employer may owe you unpaid overtime for hours over 40, even if you’ve been “salaried” for years.
What to Do If Your Employer Makes You Work Off the Clock
If you’re worried about unpaid overtime or working off the clock in New Jersey, here are practical steps you can take:
1. Start Documenting Your Time
Don’t rely only on the company’s system.
Create your own record (paper notebook, notes app, spreadsheet) that includes:
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The date
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Start and end times of your workday
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Any prep or closing time you weren’t allowed to clock for
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Lunches or breaks you worked through
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Emails/calls/texts you handle outside normal hours
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Meetings, trainings, or required events
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Travel between job sites
Be specific. Note who asked you to do what, and how (email, text, verbal).
2. Save Written Instructions and Schedules
Keep copies (screenshots or printouts) of:
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Work schedules
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Emails/texts telling you to arrive early, stay late, or handle tasks off the clock
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Messages that pressure you to respond after hours
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Policy documents about timekeeping and breaks
These can be important evidence if there’s a dispute later.
3. Review Your Pay Stubs and Time Records
Look for patterns:
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Are your hours mysteriously capped at 40 every week, even when you know you worked more?
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Are automatic lunch deductions showing when you know you didn’t take a real break?
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Do your pay stubs match your actual time?
If something doesn’t add up, make a note of it.
4. Consider Raising the Issue Internally (Carefully)
In some workplaces, a simple, professional question can resolve an honest mistake. In others, it may not be safe to handle alone.
If you do raise it:
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Keep it calm and factual (“I’ve noticed I’m working about 45 hours a week but only getting paid for 40; how should I be recording my time?”).
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Put it in writing if possible (email to HR/manager).
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Save copies of everything you send and receive.
Importantly, retaliation for complaining about unpaid wages is generally illegal, but that doesn’t stop some employers from trying. This is why it’s often smart to speak with an employment attorney before things escalate.
5. Talk to a New Jersey Employment Lawyer
An attorney can help you understand whether your work is off-the-clock and unlawful, or just frustrating scheduling, advise you on deadlines to bring claims, and instruct you on how to protect yourself if you fear retaliation.
Conclusion:
Your employer generally cannot make you work “off the clock” to avoid paying overtime or to keep your reported hours down. If you’re dealing with unpaid prep time, working through lunch, or answering emails at home, especially here in New Jersey, you may have a legal right to recover unpaid wages and overtime.
Our firm, Semeraro & Fahrney, LLC, regularly represents employees and employers across New Jersey in matters involving wage and hour disputes. Anyone with questions should feel free to reach out to the qualified Employment Law Attorneys at Semeraro & Fahrney, LLC for a confidential consultation.
Request a free consultation today:
Email: info@semerarolaw.com
Phone: (973) 988-5070
Web: semerarolaw.com/pages/contact
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Attorney Advertising. For informational purposes only; not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Written by Semeraro & Fahrney, LLC, Wayne, NJ. Last updated November 2025.
