If your Texas employer asks you to clock out but keep working — answering emails, cleaning up, doing prep, attending mandatory meetings — they owe you for that time. Period.
The law: Fair Labor Standards Act (federal) + Texas Payday Law (Texas Labor Code Chapter 61)
Common violations in DFW:
- Restaurant workers told to clock out during "slow periods" but stay on premises
- Retail workers asked to do closing duties after clocking out
- Office workers expected to answer emails/Slack outside of work hours
- Required pre-shift meetings or training without compensation
- "Working lunch" where you're required to stay at your desk
What counts as compensable time:
- Any time you are "suffered or permitted to work" — even if the employer didn't explicitly ask
- Mandatory training and meetings
- Time spent putting on required safety equipment (donning/doffing)
- Waiting time if you're required to stay on premises
- Travel between job sites during the workday
What to do if this is happening to you:
- Document everything — keep a personal log of actual hours worked vs. hours paid
- Keep screenshots of after-hours communications your employer expects responses to
- File a wage claim with TWC (free) or a complaint with the US Dept of Labor WHD
- You can recover up to 2 years of back wages (3 years if the violation was willful)
- Employers who violate also owe LIQUIDATED DAMAGES — meaning they pay double
Source: FLSA 29 USC 207, Texas Labor Code Chapter 61, DOL Wage and Hour Division
This is one of the most common labor violations in DFW, especially in hospitality and retail. Track your hours.
Worked at a chain restaurant in Arlington. Manager had us clock out at 10 PM but we couldnt leave until everything was cleaned, usually 10:30-10:45. Thats 3-4 hours of free labor per week.