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Know Your Rights: A Simple Guide to Getting Owed Wages and Avoiding Off-the-Clock Work

UUnknown

2026-02-21

10 min read

Caregivers: working off-the-clock? Learn step-by-step how to document hours, file wage claims, and get help—based on a 2025 Wisconsin case.

Feeling overworked and underpaid? You’re not alone — and you have rights.

Caregiving roles are rewarding and exhausting. Many of you juggle unpredictable shifts, travel between clients, and work that doesn’t fit neatly into a clock-in/clock-out box. When that unpaid, off-the-clock time adds up, it steals your energy and your paycheck. A late-2025 federal judgment in Wisconsin — where a multicounty care partnership was ordered to pay $162,486 to 68 case managers for unrecorded hours and unpaid overtime — shows that corrections happen and that recovery is possible when workers document and act.

The evolution of wage enforcement in 2026 — why this matters now

Since late 2025, enforcement trends and tech changes have shifted the landscape for wage claims. Federal and state labor agencies have expanded audits of healthcare and social services employers, and public settlements (like the Wisconsin consent judgment) are reminding employers that poor recordkeeping and off-the-clock tasks can lead to back wages plus liquidated damages.

At the same time, new mobile timekeeping tools and AI audit features mean workers can gather stronger evidence — and regulators can spot systemic issues faster. For caregivers and case managers, this combination of greater enforcement and better evidence tools creates opportunity: if you track carefully and know how to report, you can often recover owed wages.

Quick primer: What the law says (brief and practical)

You don’t need a law degree — you need facts you can act on. Under the Fair Labor Standards Act (FLSA), most nonexempt employees are entitled to time-and-a-half for hours worked over 40 in a workweek. Employers must maintain accurate records of hours worked. Many caregivers and case managers are nonexempt, which means unpaid overtime and unreimbursed work (travel between clients, prep time, charting) can be recoverable.

Key 2026 note: Regulators have emphasized recordkeeping enforcement and challenged overly broad exemption claims in caregiving sectors. That’s why documentation matters more than ever.

Step 1 — Track everything: the single most powerful habit

Start a contemporaneous log today. The best claims are backed by evidence created at the time the work happened, not months later.

What to track (daily)

Clock-ins and clock-outs (scheduled and actual).
Start and end times for all unpaid tasks (documentation, travel between clients, phone calls, charting, prepping).
Breaks — when they start/end and whether they were interrupted.
Overtime totals each workweek (hours over 40).
Work location — client homes, office, telework, hospital.
Tasks performed and short notes (e.g., “charting: 25 mins after shift” or “drove 12 miles to next client — 20 mins unpaid”).
Time-stamped corroboration — text messages, emails, calendar invites, photos of travel odometer, GPS logs from apps.

Use more than one source. Keep a phone screenshot of your calendar entries, save emails that show assignments, and keep copies of any timesheets you submit.

Practical tools

Free: phone notes app + daily screenshot backup to cloud.
Paid: time-tracking apps with timestamps and exportable reports (choose one with exportable CSV/PDF).
For teams: request electronic sign-off from supervisors when shifts change — an email is powerful evidence.

Step 2 — Try the internal route (fast, documented, professional)

Before filing a claim, give your employer a clear, documented chance to fix the error. This often resolves the problem faster than legal action.

How to raise it

Prepare a one-page summary: week ranges, total alleged unpaid hours, and copies of logs/timesheets.
Send a polite email to your supervisor and HR (keep language factual). Example line: "Attached is my log for the weeks of X–Y showing X hours of unpaid work. Can you review and advise next steps by [date]?")
Request a written acknowledgment and a timeline for response.

Keep all replies. If HR declines, ask for a written reason. Employers who ignore clear evidence and do not investigate may increase their exposure to wage claims.

Step 3 — When internal fixes fail: file a wage claim

If HR doesn’t resolve the issue, your next move is a claim with a government agency. The two main routes:

U.S. Department of Labor, Wage and Hour Division (WHD) — files investigations under the FLSA and can recover back wages and liquidated damages. The Wisconsin case was resolved through WHD intervention.
State labor department — many states (and D.C.) handle unpaid wage and overtime claims and sometimes offer faster remedies.

How to file

Collect your documentation. The WHD will want copies of timesheets, logs, emails, and payroll stubs.
Use the online complaint forms or call your local WHD office. Most state labor sites also have online forms.
Provide a clear timeframe and list of affected pay periods and approximate unpaid amounts.
Be prepared to give a witness list or other corroboration if asked (co-workers, clients, supervisors who saw you working).

Tip: If you want the agency to consider a group claim (multiple employees), gather colleague statements early. Collective claims strengthen a pattern-based case, as seen in the Wisconsin multicounty settlement.

Step 4 — Private legal options and retaliation protections

If agencies don’t act quickly or if you prefer a private path, an employment attorney can file a lawsuit. In many unpaid overtime cases, attorneys work on contingency — they only get paid if you recover.

What to expect

Possible outcomes: back pay, liquidated damages (equal to back pay under FLSA in many cases), attorney fees, and injunctive orders fixing payroll practices.
Statute of limitations: Under FLSA, generally two years, three if the violation was willful — act quickly.
Anti-retaliation: It’s illegal for employers to fire, demote, or retaliate for filing a wage claim or cooperating with an investigation.

Where to get help — organizations and resources

Not all help is paid. Here’s a short network of contacts to explore:

U.S. Department of Labor — Wage and Hour Division (WHD): file FLSA claims and find local office contact info.
State labor departments: many states have dedicated wage claim units and counselors.
Legal aid societies and pro bono clinics: search your state’s legal aid for employment law assistance.
Worker centers and unions: National Domestic Workers Alliance, caregivers’ unions, and local worker centers can provide support and collective organizing.
Private employment lawyers: look for attorneys with unpaid wage/overtime experience; many offer free consultations.

Evidence checklist — build this file now

Daily contemporaneous log (phone notes or app export).
Copies of any submitted timesheets and pay stubs.
Work emails, text messages, and calendar invites showing assignments.
GPS/travel logs or mileage records between clients.
Witness statements from colleagues, supervisors, or clients.
Employer policies about timekeeping, break policies, and overtime rules.

Advanced strategies for stronger claims (2026 tech + tactics)

Recent developments in late 2025 and early 2026 have created new tools and tactics you can use:

Timestamped calendar exports: Export your Google/Apple calendar entries that show meeting times and trip details as evidence of time spent working.
App backups: Use time-tracking apps with immutable logs or encrypted backups for tamper-resistant records.
AI audit summaries: Some agencies and law firms now accept AI-generated timestamp summaries if you provide the underlying logs — use these to speed case review.
Multiple corroboration streams: Pair your timesheet with texts, client confirmations, and travel receipts to create a timeline hard to rebut.

Common employer defenses — and how to counter them

Employers may use familiar defenses. Preparing responses in advance helps protect your claim.

“Rounding” and “de minimis” time

Some employers argue small amounts of time are de minimis (too trivial to matter). Counter this by showing routine, regular, or cumulative unpaid tasks that add up to significant overtime.

“You were exempt” (administrative or professional)

Exemption claims require a detailed job duties analysis. Many case managers and caregivers are nonexempt, especially if most of their time is direct care or casework rather than strictly managerial or highly specialized analytical work. Keep duty logs that show the nature of your tasks.

“We have a timekeeping system”

If the employer claims their system captures all hours, present contemporaneous evidence that shows work outside that system — e.g., after-hours charting screenshots, travel logs, or text messages assigning tasks.

Inspired by Wisconsin — a short, anonymized case study

What happened in late 2025: 68 case managers at a regional health partnership reported unrecorded hours (travel between clients and time spent completing records). A Department of Labor investigation found recordkeeping and overtime violations for work between mid-2021 and mid-2023. The employer agreed to a consent judgment requiring payment of $81,243 in back wages and an equal amount in liquidated damages.

Why it worked: employees had contemporaneous evidence and a clear pattern of unrecorded time across many people — a classic recordkeeping and overtime violation. The case shows two things: one, group claims are powerful for systemic problems; and two, even public-sector or nonprofit health systems can face enforcement when they fail to log work properly.

"You don’t have to accept unpaid work as part of the job. With consistent documentation and the right channels, many workers recover back pay and change employer practices." — labor advocates

Action plan you can start today (simple, 7-step checklist)

Start a daily log — record every work task and minute for at least 4 weeks.
Save all pay stubs and timesheets — take photos and back them up.
Collect corroboration — texts, emails, calendar entries, client confirmations.
Raise it internally — send a short email to HR with your summary and evidence.
If no fix, file externally — contact WHD or your state labor office with your documentation.
Seek legal help if needed — free consults and legal aid are options.
Protect yourself from retaliation — document any adverse employer action and report it if needed.

Final practical tips

Even small unpaid chunks add up — don’t discount 10–15 minute tasks that happen daily.
Share the load: if co-workers are affected, coordinate documentation to form a stronger group claim.
Keep timelines short — the law has limits. Act as soon as you see a pattern.
Be calm and factual in communications; professionalism strengthens your position.

Wrap-up: You can fix this — one log at a time

Off-the-clock work is common in caregiving, but it’s not inevitable or legal when it pushes you into unpaid overtime. The 2025 Wisconsin judgment is proof that properly documented complaints can recover real money and help change employer behavior. In 2026, with stronger enforcement and better tech tools, you’re in a better position than ever to build a compelling claim.

Ready to act?

Start your log today. If you want direct help, contact your local Wage and Hour Division office or a local legal aid organization for a free intake. If you have co-workers experiencing the same problem, coordinate your documentation and consider filing together — collective claims carry weight. Don’t accept unpaid work as the price of care. Your time and your rights matter.

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