My Boss is Making Me Work Off the Clock. What Can I Do?

 Posted on June 01, 2026 in Wage & Hour Violations

If your boss is telling you to keep working after you've clocked out, or asking you to skip logging your time, that's not just unfair. It's probably illegal. Workers in Maryland have strong legal protections against this kind of wage theft, and a Silver Spring employment law attorney can help you understand your options.

At Melehy & Associates LLC, our lawyers routinely litigate wage and hour cases in both federal and state courts. We fight for maximum recovery for workers who've been shortchanged, and we're serious about getting results. 

What It Means to Work "Off the Clock"

Working "off the clock" means you're being asked to do your job without being paid for that time. Your employer is required by law to pay you for every hour you work, including time spent before or after your official shift.

Common Examples of Off-the-Clock Work

Off-the-clock wage violations can look a lot of different ways. For example, some employers might ask workers to finish tasks after punching out. Others will require employees to attend meetings, answer emails, or complete training without logging the time. No matter what it looks like, asking an hourly employee to work off-the-clock is against the law and you don’t have to take it. 

Some employers will ask employees to work off-the-clock on purpose to cut payroll costs. Others will say it was an accident or they didn't know it was happening. However, that defense doesn't hold up well in court if the practice was widespread or ongoing.

Federal and Maryland Wage and Hour Laws Protect Workers From Off-the-Clock Work

Two main bodies of law protect Maryland employees from being taken advantage of by working without pay. The first is federal, and the second is Maryland state law.

The Fair Labor Standards Act

The Fair Labor Standards Act, or FLSA, requires employers to pay non-exempt workers at least the federal minimum wage for all hours that they work. It also requires overtime pay at one and a half times the regular rate for any hours over 40 in a workweek. If your employer is making you work off the clock, they're likely violating the FLSA.

Maryland Wage and Hour Law

Maryland has its own wage and hour protections under the Maryland Wage and Hour Law that mirrors many FLSA protections and in some cases goes further. In 2026, Maryland's minimum wage is $15 per hour statewide, but in Montgomery County it’s even higher:

• $17.65 for large employers

• $16.00 for mid-size employers

• $15.50 for small employers

In July 2026, these rates will increase.  

Under both laws, taking action before the statute of limitations expires is an important part of your case. You generally have two years to file a claim under the FLSA, or three years if the violation was willful. Don't wait too long to act.

What Should Maryland Workers Do if Their Employer Is Forcing Them to Work Off the Clock?

If your boss is telling you to work when you aren’t clocked in, there are things you can do to protect yourself and build a strong wage and hour claim:

• Keep a personal record of every hour you work, including time before and after your official shift

• Save any texts, emails, or messages where your employer asks you to work without logging your time

• Write down the dates, times, and names of managers who told you to work off-the-clock

Before you confront your employer or file a complaint on your own, it's also worth speaking with an attorney. 

What You Can Recover in a Wage and Hour Violations Case in Maryland

If your claim succeeds, you may be entitled to:

• Back pay for all unpaid hours

• Damages that can be as much as three times your unpaid wages

• Your attorney's fees

On top of the damages you may be awarded, your employer may face other fines and penalties, and even criminal charges in very serious and deliberate cases. 

Call a Silver Spring, MD Wage and Hour Attorney Today

If your employer is making you work without pay, you have rights. We can help you fight back. The Montgomery County employment lawyers at Melehy & Associates LLC are aggressive, thorough, and focused on getting you the maximum recovery possible. Call 301-587-6364 today to schedule a free case evaluation with a Maryland wage and hour lawyer about your situation.