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Are You Being Paid for Off-the-Clock Work? A Texas Worker’s Guide to Tracking Hours and Filing Complaints

UUnknown

2026-02-08

10 min read

Practical steps for Texas workers to document off-the-clock work, calculate overtime, and file DOL or state wage claims in 2026.

Are You Being Paid for Off-the-Clock Work? A Texas Worker’s Guide to Tracking Hours and Filing Complaints

Hook: If you’re clocking out but still answering emails, wrapping up tasks, or driving between job sites without pay, you’re not alone — and you may be owed money. This guide gives Texas workers fast, practical steps to document off-the-clock duties, calculate overtime accurately, and use state and federal complaint systems to recover unpaid wages in 2026.

Quick action plan (Most important first)

Start logging every minute of unpaid work today—phone timestamps, screenshots, and timestamps on messages count.
Calculate potential back pay for each workweek (use the regular-rate formula explained below).
Try an internal resolution (brief demand letter); if that fails, file with the U.S. Department of Labor Wage and Hour Division (WHD) and/or the Texas state agency and consult local counsel.

Why this matters now: 2025–2026 trends you should know

Late 2025 and early 2026 marked a spike in federal enforcement of off-the-clock and recordkeeping violations. Federal investigations continue to produce six-figure back-pay recoveries — for example, a Department of Labor case resulted in a judgment ordering $162,486 in back wages and liquidated damages when an employer failed to record hours worked by case managers. That case highlights two things for Texas workers: the DOL is watching, and solid documentation often leads to recovery.

Other trends affecting Texans in 2026:

Remote and hybrid work blurs the line between paid and unpaid time — companies that don’t update policies or systems are vulnerable to WHD enforcement.
Mobile and wearable data have become common evidence in wage claims (phone timestamps, GPS, and app logs).
Wage theft enforcement is faster in some regions where local legal aid and worker centers are active; in Texas, metro areas (Houston, Dallas-Fort Worth, Austin, San Antonio) have more resources for workers.

Step 1 — Documenting off-the-clock work: practical, court-ready evidence

Evidence quality makes or breaks a claim. Start with what you can control immediately.

What to record (at minimum)

Clock-in/out times: If your employer uses a punch/clock system, take photos of the time screen or your timecard weekly.
Phone call and message timestamps: Save texts, Slack messages, emails, and calendar invites that show you were working outside hours.
Work product timestamps: Screenshots of documents, emails you sent, photos of completed tasks, or upload timestamps in company systems.
Location data: If you travel for work, keep route logs, mileage logs, or enabled phone location history to prove work travel tied to unpaid time.
Witness statements: Co-workers who saw you working off the clock can write and sign simple witness statements describing dates/times.
Pay stubs & schedules: Keep every paycheck stub, schedule, and any policy documents about timekeeping. These often show expected versus actual recorded hours.

Tools that make documentation easier

Free phone notes and screenshots — cheap and effective.
Time-tracking apps (Clockify, Toggl, or built-in phone timers) — use an app that logs timestamps and allows export.
Cloud storage (Google Drive, iCloud, Dropbox) — back up records so your employer can’t delete them from your device.

How to preserve evidence

Export and save emails as PDFs.
Take dated screenshots of chat threads and message metadata.
Save a week-by-week log of unpaid minutes with a short description (what you did).
Keep a daily backup folder — if you’re worried about retaliation, email copies to a personal account and to a trusted friend or family member for safekeeping.

Step 2 — Calculating overtime and back pay (real formulas, sample math)

Rule of thumb: Under the Fair Labor Standards Act (FLSA), most nonexempt employees must be paid time-and-a-half for hours worked over 40 in a workweek. As the DOL reminds us:

“Under the FLSA, employers must pay nonexempt employees no less than time and one-half their regular rate of pay for all hours worked over 40 in a workweek.”

Key concepts to understand

Workweek: A fixed, consecutive 7-day period defined by the employer (not necessarily Monday–Sunday).
Regular rate: Not always the hourly posted rate — you must include nondiscretionary bonuses, shift differentials, and certain other pay when computing the regular rate.
Overtime rate: 1.5 × regular rate for hours over 40 in a single workweek.
Statute of limitations: FLSA claims are typically within 2 years, or 3 years for willful violations — act promptly.

Simple calculation steps

For each workweek, add total earnings that count toward the regular rate (base pay plus nondiscretionary bonuses).
Divide total weekly earnings by total hours actually worked in that week → this gives the regular rate.
Multiply the regular rate by 1.5 → that’s your overtime rate.
Multiply overtime rate by overtime hours (hours > 40). That’s back overtime owed for that week.
Repeat for each affected week and add up totals.

Worked example (straightforward)

Say you have weekly pay of $600 for 40 recorded hours but actually worked 44 hours (4 off-the-clock hours). If your employer also paid a nondiscretionary $40 weekly bonus, include it:

Total earnings for regular-rate calc = $600 + $40 = $640
Total hours = 44
Regular rate = $640 ÷ 44 = $14.55
Overtime rate = $14.55 × 1.5 = $21.83
Overtime owed = 4 hours × $21.83 = $87.32

Repeat for each week. If your employer underreports and you weren’t paid at all for those 4 hours each week for months, totals add up fast.

Step 3 — Try an internal resolution (short, strategic demands)

Before filing, consider a concise, professional demand. Keep tone factual — you want HR to fix the error, not escalate immediately. Often employers will correct payroll mistakes if you present clear evidence.

What to include in a demand note

Dates and hours disputed (week-by-week summary).
Attached supporting evidence (screenshots, messages, logs).
A clear request: pay the owed overtime or correct the time records within X days (7–14 is typical).
Notice that you will file with WHD and/or pursue legal remedies if unresolved.

Keep a copy of the note and delivery proof (email read receipts or certified mail).

Step 4 — Filing official complaints: DOL (federal) vs Texas (state)

Two major channels to recover unpaid wages in Texas:

U.S. Department of Labor — Wage and Hour Division (WHD): Files and enforces FLSA claims including overtime and recordkeeping violations. WHD can investigate and recover back wages and sometimes liquidated damages.
Texas state mechanisms: The Texas Workforce Commission (TWC) enforces the Texas Payday Law for some unpaid wage claims (final pay, earned wages). For overtime specifically, federal FLSA claims at WHD or in court are common. If your pay problem overlaps with wages under state law, file with TWC and/or consult state resources.

How to file with DOL WHD

Collect your evidence and a week-by-week summary of unpaid time and calculations.
Contact the WHD Regional Office (the DOL website lists locations and has an online intake form).
WHD will interview you and may open an investigation. They often attempt conciliation first; if they find violations, the employer may be required to pay back wages and liquidated damages.

How to file with Texas state agencies

Visit the Texas Workforce Commission’s website or call their wage claim hotline for guidance on unpaid wages under state law. State enforcement can cover different issues (final paycheck, pay period violations); for overtime, WHD is generally the right federal venue.

Other options

Small claims court for smaller unpaid wages (statutes and limits vary).
Private lawsuits under FLSA — often used when collective action is appropriate.
Local legal aid, worker centers, or union reps — many Texas cities have clinics that help with wage claims.

What to expect after filing

Investigations can take weeks to months. WHD will try to collect records from your employer; your documentation helps. Outcomes can include:

Voluntary employer payment after WHD contacts them.
WHD finding and an order for back pay and liquidated damages (as in recent 2025–26 cases).
Referral to the Department of Justice or court action if enforcement is needed.

Keep working your job (if safe) and avoid destroying records — retention of accurate evidence is crucial.

Advanced strategies and legal considerations

Class or collective actions

If multiple employees have the same off-the-clock problem, collective FLSA suits may be more powerful. WHD sometimes coordinates with private counsel when the issue is widespread.

Attorney fees and recovering costs

Under FLSA, a successful plaintiff may recover attorney fees and court costs. For many Texans, it's worth consulting a labor attorney on a contingency basis (no fee unless you win).

Retaliation protections

Federal law prohibits retaliation for filing wage complaints, but it happens. If you face firing or discipline after complaining, document it and report it — this can strengthen your case.

Sample week-by-week wage claim checklist (copy this)

Week start/end dates and defined workweek.
Recorded hours shown on pay stub or timeclock.
Actual hours worked (your log).
Pay received that week (base, bonuses, differentials).
Computed regular rate and overtime owed.
Supporting evidence (file names and locations).

Sample demand email (short template)

Subject: Request to Correct Pay Records and Pay Owed Overtime

Dear [HR/Manager name],

I’m writing to request correction of my time records and payment of overtime for the following weeks: [list weeks]. I worked the attached unpaid hours (see attached logs, messages, and screenshots). My calculations show $[amount] owed in overtime. Please correct my pay and time records within 14 days. If unresolved, I will file a complaint with the U.S. Department of Labor and pursue further remedies.

Thank you,

[Your name, job title, contact info]

Local Texas resources to look up right now

Find your regional DOL Wage and Hour Division office online — they handle FLSA claims.
Search the Texas Workforce Commission site for payday/wage claim forms and guidance.
Use texan.live’s local business directory to find employment attorneys, labor clinics, and time-tracking consultants near you — local clinics often offer free advice to low-income workers.

Real-world example that shows what’s possible

In a notable late-2025 case, federal investigators found that case managers had worked unrecorded hours and were owed overtime and back wages. The employer was ordered to pay more than $160,000 in back wages and liquidated damages. That outcome happened because employees documented discrepancies and the DOL’s Wage and Hour Division aggressively pursued recordkeeping and overtime violations. The lesson for Texas workers: organized documentation + WHD engagement = recoveries.

2026 outlook: What workers should watch for

Expect continued DOL emphasis on off-the-clock and recordkeeping violations — employers who fail to modernize timekeeping systems remain at risk.
More cases will rely on phone and app data as admissible evidence; keep digital evidence backed up.
In Texas, local advocacy groups will increase outreach around wage theft — use these local resources early.

Final checklist: What to do this week

Start a dated log of every unpaid minute worked.
Export and back up emails/texts showing work activity.
Try an internal correction with HR using the sample demand email.
If unresolved after 14 days, file a WHD complaint and contact local legal aid — don’t wait beyond the statute of limitations.

Closing — you don’t have to go it alone

Off-the-clock work chips away at your paycheck and your rights. In 2026, stronger federal enforcement plus better digital evidence tools means more Texas workers are getting paid what they’re owed. Start documenting today, calculate carefully, and use the DOL and Texas channels when your employer won’t fix the problem.

Call to action: Ready to take the next step? Search texan.live’s local directory now to find vetted employment attorneys, time-tracking consultants, and worker clinics in your city — or use our form to connect with a local wage-claim specialist who can review your documentation and next steps.

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