Approval rules and wage obligations are separate
The Fair Labor Standards Act defines employment to include work an employer "suffers or permits." In plain terms, work can count even when it was not requested in advance.
An employer can tell workers not to exceed their schedules without permission and can enforce that direction. Once covered work has been performed, the hours still must be recorded and paid. The employer cannot accept the benefit of the work and use the approval rule to erase the time.
An after-shift example
State procedures and protections
State wage laws can supply added protections, different complaint procedures, extra remedies or different filing deadlines. The correct state is usually the place where the work occurred.
Start with the State Overtime law directory and verify the current process with the U.S. Department of Labor directory of state labor offices.
Common questions
Can an employer edit a timecard because overtime was not approved?
A timecard should reflect compensable work that occurred. An approval rule does not permit an employer to remove worked time from the pay record.
Do after-hours emails or messages count?
They can. Time spent handling work messages counts when the employer requires the work or allows it to continue and knows, or has reason to know, that it is being done.
Can an employee be disciplined for unauthorized overtime?
An employer can enforce a scheduling or approval policy. Discipline for breaking that rule is separate from paying for compensable work already performed.
What if a manager knew the employee was still working?
Knowledge matters. Federal guidance requires the employer to count work it knows about or has reason to believe is continuing, even when no manager gave a fresh request for each task.
What if the employee worked through lunch without approval?
If the employer required, allowed or knew about the work, the time can be compensable. A meal period is unpaid under the federal rule only when the employee is relieved of work duties.
Sources & Review
Last reviewed: August 2026
This page is based on information from the U.S. Department of Labor and the applicable state labor agency.
- U.S. Department of Labor Fact Sheet #22, Hours Worked
- U.S. Department of Labor Fact Sheet #23, Overtime Pay Requirements
- U.S. Department of Labor, Off-the-Clock References
- U.S. Department of Labor, State Labor Offices
State Overtime is an independent educational calculator and is not a law firm or government agency.