Work Hours: Your Rights, the Rules Your Employer Must Follow, and What You Can Do When They Break Them

At Morgan & Morgan, we believe every worker deserves to be treated fairly. That includes being paid for every hour you work, getting adequate breaks, and not being overworked in ways that harm your health or violate the law. 

Unfortunately, not every employer plays by the rules. From unpaid overtime to illegal scheduling practices, wage and hour violations happen more often than you might think—and they can have serious consequences for your finances and well-being.

If you’re wondering what your rights are when it comes to work hours, or if you think your employer might be breaking the law, you’re in the right place. 

Below, we cover everything you need to know about work hours, the rules your employer must follow, and how you can hold them accountable when they don’t.

If you’re ready to take action or need legal advice, you can contact Morgan & Morgan for a free case evaluation today.

What Are Work Hour Laws?

Work hour laws are designed to protect employees from exploitation. They define when you should be paid, how much you should be paid, and how many hours you can work before extra compensation is required. These laws exist at both the federal and state level, and they apply to full-time, part-time, and sometimes even contract workers.

The core of most work hour protections comes from a federal law known as the Fair Labor Standards Act (FLSA).

The Fair Labor Standards Act (FLSA): How It Protects Workers

The FLSA, enacted in 1938, is the foundational law governing minimum wage, overtime pay, recordkeeping, and child labor standards. It covers:

• Minimum wage: Employers must pay the federal minimum wage (currently $7.25/hour), or a higher state or local minimum if applicable.
• Overtime: Covered employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek.
• Work hours: Employers must accurately track hours and compensate employees accordingly.
• Youth labor: Limits are placed on the number of hours minors can work.
   

Who is covered? Most employees are covered by the FLSA, but there are exceptions. For example, certain salaried “exempt” employees may not be entitled to overtime under the FLSA (more on this below).

What Counts as “Work”?

It may seem obvious what counts as “work,” but many wage theft violations occur because employers fail to recognize—or intentionally ignore—activities that should be compensated. Some examples of compensable work include:

• Time spent opening/closing the store
• Mandatory training sessions
• Putting on required uniforms or safety gear (“donning and doffing”)
• Working through a lunch break
• Answering work emails or calls after hours
• Travel between job sites
   

If you’re doing something your employer requires and it benefits them, chances are you should be getting paid for it.

Overtime: When and How You Must Be Paid

Under the FLSA, non-exempt employees must be paid time and a half for any hours worked over 40 in a workweek.

Let’s say you work 45 hours in one week and earn $20/hour. For the 5 hours of overtime, you’re entitled to $30/hour.

Exempt vs. Non-Exempt

Not all employees qualify for overtime. The FLSA outlines three criteria for exempt workers:

1. You’re paid a salary (not hourly),
2. You earn at least $684 per week ($35,568 per year), and
3. You perform executive, administrative, or professional duties.
    

If you don’t meet all three criteria, your employer cannot legally deny you overtime pay.

How Long Can I Work Without a Lunch Break? Rest Breaks and Meal Periods Explained

Federal law doesn’t require meal or rest breaks, but when employers do offer short breaks (usually 5 to 20 minutes), these must be paid.

Meal breaks (30+ minutes) can be unpaid, but only if:

• The employee is completely relieved of duties, and
• The break is uninterrupted.
   

If you’re forced to work through lunch or stay on call during your break, you should be paid.

Some states, like California and New York, do require meal and rest breaks. Make sure to check your local laws or contact an attorney to understand what you’re entitled to.

States With Break Requirements

California

In California, employers must generally provide a thirty-minute break if employees work over five hours daily. However, the employer and employee can agree to waive the meal break if the work day is six hours or shorter.  

Employees working more than 10 hours per day must receive a second meal period of 30 minutes or more. If total hours worked are 12 or less, the second meal break may be waived by mutual consent unless the first meal break was waived. 

Colorado

If your work shift exceeds five consecutive hours in Colorado, you are entitled to a 30-minute break. An on-duty meal period is permitted when the nature of work demands it. However, any on-duty meal periods should count as time worked.

Connecticut

Employees working 7 ½ consecutive hours or more are generally entitled to a 30-minute meal break after the first 2 hours and before the last 2 hours.

Delaware

In Delaware, anyone working 7 ½ consecutive hours is entitled to a half-hour break sometime after the first two hours and before the last two hours. 

Illinois

If you work 7 ½ hours continuously in Illinois, you are entitled to a minimum 20-minute break no later than five hours after starting work. Hotel room attendants are entitled to one 30-minute meal period if they work at least seven hours in the workday.

Kentucky

Employees in the state are entitled to a reasonable break, typically 30-minutes, between the third and fifth hours of work. Shorter break periods are permitted in certain circumstances. Meal breaks do not count as work time. 

Maine

Workers in Maine are entitled to 30 minutes after six consecutive hours of work, except in an emergency. 

Maryland

If you are an employee in Maryland, you are entitled to a minimum 15-minute break for four to six straight work hours or 30 minutes for over six consecutive hours. Employees that are working eight or more consecutive hours qualify for a 30-minute break and additional 15 minutes for every further four consecutive work hours.  

Massachusetts

Employees working over six straight hours during a calendar day in Massachusetts qualify for a 30-minute break.

Minnesota

Minnesota law guarantees sufficient unpaid time for employees working eight consecutive hours or more. Coffee and snack breaks less than 20 minutes long count as time worked.

Nebraska

Workers in Nebraska are entitled to a 30-minute break for lunch (off-premises) in each eight-hour shift.

Nevada

Employees get a 30-minute meal break for eight hours of continuous work.

New Hampshire

New Hampshire workers qualify for a 30-minute break after five hours of work. The exceptions are workers who can eat while on duty and are permitted to do so by their employer. 

New York

Most workers in New York qualify for at least 30 minutes of unpaid time off if they work six hours straight. Factory workers are entitled to an hour’s lunch break during noon. Workers may also be entitled to additional 20-minute breaks.

North Dakota

Workers may take 30 minutes off for their meal break if their shift exceeds five hours. 

Oregon

As an employee in Oregon, you get a 30-minute break for each work period between six to eight hours. 

Rhode Island

Employees working in Rhode Island qualify for a 20-minute break in a six-hour shift and a 30-minute mealtime in an eight-hour work period.

Tennessee

You qualify for a 30-minute meal break in Tennessee if you work six consecutive hours or more. Employers must not schedule the meal break during or before the first hour of work. 

Vermont

In Vermont, employers must provide employees with reasonable opportunities during work to eat and use the bathroom facilities.

Washington

Employees in Washington are not required to work over five hours straight without a meal break of at least 30 minutes. The break shall be counted as work time if the employee remains on duty. Employees working three or more hours in addition to the regular workday are entitled to another 30-minute break before or during overtime.

West Virginia

West Virginia workers qualify for a 20-minute break if they work 6 hours or more in a workday.

On-Call Time, Travel Time, and Waiting Time

These areas often lead to confusion and disputes. Here’s the basics:

• On-Call Time: If you're required to remain on-site or close by, and respond immediately to calls, this time is likely compensable.
• Travel Time: Commutes from home to work aren’t usually paid. But travel between job sites or business trips must be.
• Waiting Time: If you're waiting for work assignments during your shift (a security guard waiting for a delivery), you're generally entitled to compensation.
  
   

Flexible Schedules and Remote Work

The rise in remote work and flexible schedules has introduced new challenges. Employers still need to:

• Track hours accurately (even if you’re working from home)
• Pay for overtime
• Avoid encouraging off-the-clock work via email, messaging apps, etc.
   

Just because you’re not in a traditional office doesn’t mean labor laws don’t apply. Employers must still comply with the same rules.

Other State Laws on Work Hours

Many states go above and beyond federal laws. For example:

• California: Requires overtime pay for hours over 8 per day, not just 40 per week.
• New York: Has strict rules for scheduling, especially in retail and hospitality.
• Massachusetts: Requires premium pay for Sunday and holiday work in certain industries.

Some states also have “predictive scheduling” laws, requiring employers to give advance notice of shifts or pay penalties.

If you’re unsure what laws apply to you, Morgan & Morgan can help you find out.

When Employers Break the Rules: Bad Bosses and Red Flags

Unfortunately, wage and hour violations are all too common. Employers may:

• Fail to pay overtime
• Misclassify employees as “exempt” when they are actually legally owed overtime pay
• Ask workers to clock out and continue working
• Round time records in the employer’s favor
• Alter timesheets
• Deny legally required breaks
• Retaliate against employees who complain

These aren’t just bad business practices—they’re illegal.

So What Do I Do? How to Document Work Hour Violations

If you suspect your employer is violating work hour laws, start documenting everything:

• Keep a log of hours worked (including before/after official shifts)
• Save emails or texts that show work being done off the clock
• Take screenshots if you’re using time-tracking software
• Record the names of any witnesses who can confirm your claims
• Keep copies of pay stubs and schedules
   

Your employer may dispute your claims, so the more evidence you have, the stronger your case will be.

Can I Sue for Illegal Working Hours? How to File a Complaint or Lawsuit

You have a few options if your employer violates wage and hour laws:

File a Complaint With the Department of Labor (DOL)

The Wage and Hour Division (WHD) of the DOL investigates FLSA violations. You can file a complaint online or by contacting your local WHD office.

File a Lawsuit

You may be entitled to back pay, liquidated damages (double the amount owed), and attorney’s fees. In some cases, workers can file class actions if many employees were affected by the same violations.

Contact Morgan & Morgan

Before taking action, speak with an experienced wage and hour attorney. At Morgan & Morgan, we offer free, no-obligation case evaluations and can help you determine if you have a case.

How Morgan & Morgan Can Help

Your time is valuable. If you’re working hard, you deserve to be paid fairly and treated with dignity. Wage theft and labor violations are serious, and they can affect not just your paycheck, but your health, stress levels, and family life.

At Morgan & Morgan, we believe no one should have to choose between putting up with an abusive employer and getting the pay they’ve earned. If your employer has broken the law, you have rights, and we’re ready to help you fight for them.

If you think your employer is violating work hour laws, don’t wait. Contact Morgan & Morgan today for a free case evaluation. We’re here to help. And we never back down from a fight.

Frequently Asked Questions

What should I do if my employer asks me to work off the clock?

If your employer asks you to work off the clock, meaning they expect you to perform job duties without pay, it’s a serious red flag and potentially illegal under the Fair Labor Standards Act (FLSA). 

Here's what you should do:

1. Know Your Rights

Under the FLSA, non-exempt employees (most hourly workers) must be paid at least the federal minimum wage for all hours worked and receive overtime pay (1.5x regular rate) for hours worked over 40 in a workweek. "Hours worked" includes time spent on required tasks, even if performed before or after your scheduled shift.

This means you are entitled to be paid for:

• Pre-shift prep (like setting up equipment)
• Post-shift wrap-up (like cleaning or locking up)
• Mandatory meetings or trainings
• Work performed during unpaid breaks
  
   

2. Document Everything

If your employer is asking you to work off the clock, keep a record of:

• The date and time the request was made
• What work you were asked to do
• How long the task took
• Any communications (texts, emails, verbal instructions)
  
  These records can be important evidence if you need to take legal action later.

3. Communicate Clearly (If Safe to Do So)

In some cases, the issue may stem from a misunderstanding. If you feel comfortable, politely but firmly remind your manager that federal and state laws require you to be compensated for all work performed.

You can say something like:

“I’m happy to help, but I just want to make sure I’ll be paid for this time, as I know the law requires that all hours worked are compensated.”

4. File a Complaint Internally

If the issue continues, consider reporting it to your:

• Human Resources department
• Company’s compliance officer (if applicable)
• Union representative (if you’re a union member)
   

Make the report in writing and keep a copy for your records.

5. File a Complaint With the Department of Labor (DOL)

If your employer refuses to correct the issue or retaliates against you, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. You can do this online, by phone, or in person. They can investigate your claim and potentially recover back wages on your behalf.

6. Contact Morgan & Morgan

Working off the clock can quickly add up to thousands of dollars in lost wages. One of our experienced wage and hour attorneys can help you understand your rights under federal and state laws, calculate the pay you’re owed, and even file a lawsuit, if necessary, to recover unpaid wages, damages, and legal fees.

 

7. Know the Signs of Retaliation

It’s illegal for your employer to retaliate against you for asserting your wage rights. Retaliation can include:

• Getting fired or demoted
• Reduction in hours or shifts
• Unjustified write-ups
• Harassment or hostile treatment

If you experience any of this after reporting off-the-clock work, contact a lawyer immediately.

Can I be fired for complaining about unpaid overtime?

It’s illegal for your employer to retaliate against you for asserting your legal rights. If they do, you may have a separate legal claim for retaliation.

My employer changed my timesheet without telling me; is that legal?

No. Employers must keep accurate records of time worked, and altering timesheets to avoid paying overtime is wage theft.

Employers are allowed to make legitimate corrections to timesheets, such as:

• Fixing obvious errors (like if you accidentally clocked in twice)
• Adjusting for missed punches with your knowledge and consent
• Ensuring payroll compliance (correcting for unauthorized overtime if that’s your company’s policy, but you still must be paid for the hours worked)
   

However, they cannot:

• Reduce or remove hours you actually worked
• Edit your time without your knowledge or consent
• Use timesheet changes as a way to avoid paying overtime or minimum wage

Doing any of the above may violate the Fair Labor Standards Act (FLSA) and could be considered wage theft.

What’s the statute of limitations on wage claims?

The amount of time you have to file a claim, known as the statute of limitations, can vary depending on your case type. 

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. 

An attorney can help ensure your claim is filed correctly and on time. At Morgan & Morgan, hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.