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How Case Managers Can Protect Themselves From ‘Off-the-Clock’ Work and Recover Wages

jjobnewshub

2026-01-28 12:00:00

11 min read

Practical, 2026-focused steps for case managers to document off-the-clock work, file wage claims, and negotiate back pay.

Stop Losing Pay to Off-the-Clock Work: A Practical Guide for Case Managers (2026)

Hook: If youre a case manager spending unpaid hours on client calls, documentation, or travel, youre not alone and you dont have to absorb that lost pay. Recent enforcement actions (including a Dec. 2025 federal judgment ordering a Wisconsin provider to pay $162,486 in back wages and liquidated damages to 68 case managers) make one thing clear: agencies are being held accountable. This guide shows step-by-step how to track hours, document off-the-clock work, file wage claims, and negotiate retroactive pay in 2026.

Why this matters now (the 2026 context)

Federal and state labor agencies increased investigations into health and social service employers in late 2025 and early 2026. The U.S. Department of Labors Wage and Hour Division (WHD) has prioritized recordkeeping and overtime compliance in care sectors where case managers are commonly misclassified or required to work unpaid time. At the same time, newer mobile apps, EHR timestamps, and AI activity logs give employees stronger evidenceif you capture it. This makes 2026 a good year to reclaim unpaid wages.

Quick Executive Summary (What to do first)

Begin documenting now: start a secure contemporaneous log of all work-related minutes outside scheduled shifts.
Preserve evidence: emails, EHR entries, call logs, GPS/telehealth timestamps, and supervisor messages.
Try internal resolution: raise the issue with HR in writing. That preserves your claim and often resolves small shortages.
File a wage claim: if unresolved, file with the state labor agency and/or the DOL (WHD). FLSA claims have specific timelines.
Negotiate smartly: use a demand letter template and be ready to calculate overtime, back wages, and liquidated damages.

Step 1 Start a Reliable Time Audit (How to track off-the-clock work)

Case managers do a lot of work that easily slips off official timesheets: after-hours phone calls with clients, documentation, mileage for home visits, prep and coordination, and EHR updates. Build a contemporaneous time audit the single most persuasive evidence in wage claims.

What to log (minimum)

Date and start/end times for each activity (to the minute).
Activity type (client call, documentation, travel, training, supervision).
Mode (phone, telehealth, EHR, in-person).
Location when relevant (home, client home, clinic).
Supporting evidence note (email timestamp, call log ID, EHR note URL or screenshot).

Simple timesheet template (daily)

Date: ____________
Shift: __________ (e.g., 8:004:30)

Time in | Time out | Duration | Activity | Mode | Evidence (email/call/EHR) | Notes
------- | ------- | -------: | ------- | ---- | ------------------------- | -----
07:45   | 08:00   | 0:15     | Charting | EHR  | EHR note ID 12345        | After shift
12:15   | 12:35   | 0:20     | Client call | Phone | Phone log 987         | Crisis follow-up
18:30   | 19:00   | 0:30     | Paperwork | Home computer | Screenshot 01 | After hours

Keep these logs in a secure cloud file or encrypted note app with timestamps. Print copies periodically and email them to your personal email to create an independent timestamped record.

Step 2 Preserve and Collect Evidence

Timesheets matterbut corroborating evidence makes your claim stronger:

Call logs: screenshots of your phone call history showing call times and durations.
Emails and messages: copy emails or supervisor directives asking for after-hours work.
EHR timestamps: screenshots of saved notes or the records timestamp (offline-capable tools and edge-sync systems often surface reliable timestamps).
Calendar entries and telehealth logs: meeting invites, Zoom/Teams timestamps.
GPS or mileage records: to document travel time if required to work off-site.
Pay stubs and timesheet records: to compare reported hours vs. your log.

Protect yourself from accidental deletion

Back up evidence in multiple places.
Keep originals where possible (PDF exports of EHR entries).
Do not alter records once your claim beginspreserve originals for legal review and observability.

Step 3 Understand the Law That Protects You (FLSA & state rules)

Key federal rules under the Fair Labor Standards Act (FLSA):

Overtime pay: Nonexempt employees must receive 1.5x their regular rate for hours worked over 40 in a workweek.
Regular rate: includes certain bonuses and non-discretionary payments when calculating overtime.
Recordkeeping: Employers required to keep accurate records of hours worked.
Statute of limitations: Generally 2 years for non-willful violations and 3 years for willful violations under FLSA.
Liquidated damages: Employers who violate FLSA may owe an equal amount in liquidated damages when violations are found.

State laws can be more protective than the FLSA. For example, several states have extended statutes of limitation or distinct overtime rules for healthcare workers. Check your state labor departments guidance.

Tip: If your role is labeled exempt, review duties tests (administrative, professional) and salary basis. Misclassification is a common source of unpaid overtime for case managers.

Step 4 Attempt Internal Resolution (How to escalate without burning bridges)

Before filing a claim, you should try internal remediesthis is often faster and establishes a record you tried to resolve the issue:

Prepare a concise summary: days/hours unrecorded, total unpaid hours, and supporting evidence.
Request a meeting with HR and your supervisor. Keep communications in writing where possible.
Send a formal written demand if the meeting doesnt resolve the issue.

Demand email template (short)

Subject: Request to Correct Hours and Pay  [Your Name]

Hi [HR or Supervisor Name],

Im writing to request correction of my payroll for the pay periods [dates]. I have recorded [X] hours of work outside my scheduled shifts between [date range], including documentation of calls, EHR entries, and travel. Attached is a summary log and supporting screenshots.

Please confirm receipt and advise on next steps to correct my pay. Id like to resolve this internally; if not possible, I will pursue a wage claim. I appreciate your prompt attention.

Sincerely,
[Your Name] | [Job Title] | [Contact Info]

Step 5 Filing a Wage Claim (DOL & State Processes)

If your employer wont correct the pay, file with the appropriate agency. Two routes:

State labor department: Many states have wage and hour divisions that handle claims and can pursue employers locally.
U.S. Department of Labor Wage and Hour Division (WHD): Files FLSA investigations and can recover back wages and liquidated damages. Recent WHD enforcement led to the December 2025 judgment for case managers in Wisconsin.

Filing checklist

Your contemporaneous timesheets and summary of unpaid hours.
Pay stubs and employer time records.
Emails, EHR timestamps, call logs, calendar events.
Copies of written communications with HR/supervisor.
Notes about who directed the work and whether it was required.

Be prepared for investigators to interview you and request more documentation. If the WHD finds a violation, it can negotiate back pay and liquidated damages or pursue litigation.

Step 6 How to Calculate Owed Wages (Simple math you can do)

Basic overtime calculation example:

Regular hourly rate = $28.00
Unpaid overtime hours in one week = 8 hours
Overtime rate = 1.5 x $28 = $42.00
Back pay for that week = 8 x $42 = $336

For FLSA claims, include unpaid straight-time if your employer failed to pay for hours under 40. If violations are found, liquidated damages may double this amount (subject to court discretion). Also include unpaid travel time and nondiscretionary bonuses in the regular rate if applicable.

Step 7 Negotiating Retroactive Pay (Strategy & Script)

Whether you negotiate directly with your employer or through an agency/attorney, follow a simple negotiation framework:

Know your number: total back pay + potential liquidated damages + interest (if state law allows).
Set a realistic opening offer: start at full legal entitlement (what you can prove) but be prepared to settle for a negotiated percentage.
Use leverage: mention your willingness to file with WHD or a state agency if negotiation stalls. For negotiation techniques and framing, see Negotiate Like a Pro.
Protect confidentiality and references: seek a non-disparagement clause or neutral reference as part of settlement if relevant.

Negotiation email script

Subject: Settlement Proposal  Unpaid Hours for [Date Range]

Hi [Name],

Following our previous communications, Ive calculated unpaid wages totaling $[X] for [date range], based on supporting logs and employer records. Under the FLSA, this may also include liquidated damages of an equal amount.

To avoid agency action or litigation, I propose a settlement of $[Y] (representing [Z]% of claimed damages) to be paid within 30 days and receipt of a neutral employment reference. Please let me know if you are authorized to resolve this. If not, please direct me to the appropriate contact.

Regards,
[Your Name]

Step 8 When to Get Legal Help

Hire an employment attorney or contact legal aid if:

Your employer retaliates (demotion, pay cut, termination) after you complain FLSA prohibits retaliation.
The amount in dispute is significant or involves many employees (class/collective claims).
Negotiations fail and you plan to sue or need complex damages calculated (e.g., inclusion of nondiscretionary bonuses in the regular rate).

Fees: Many employment lawyers in wage cases take contingent fees, meaning they are paid a percentage of recovered wages, which reduces upfront costs for you.

Special Considerations for 2026: Tech, Telehealth, and Remote Work

Newer issues emerging in 20252026 that case managers should watch:

AI and activity logs: Employers now collect granular activity data through EHR and productivity tools. Use these logs to corroborate your records but also be cautious: employers will use them too.
Telehealth and off-site documentation: Time spent completing digital notes or telehealth follow-ups is usually compensable; some teams treat telehealth like live production tooling and use edge visual workflows (see edge visual playbooks) that surface timestamps.
Mobile time tracking: If employer requires a mobile app, ensure you know how it records time. The build-vs-buy decision matters here: choose apps that give you exportable logs. Report mismatches promptly in writing.

Common Pitfalls & How to Avoid Them

Waiting too long: Dont assume the statute of limitations will protect you forever. Start documenting as soon as you suspect unpaid hours.
Relying solely on memory: Contemporaneous logs beat reconstructed narratives in investigations and court.
Posting about claims on social media: Keep claim-related communications privatepublic posts can hurt negotiations or cases.
Destroying evidence: Never delete emails or EHR entries once a claim is likely. That can lead to sanctions.

Case Study: What the Wisconsin Judgment Means for You

In December 2025, a federal court ordered a Wisconsin healthcare partnership to pay $162,486 in back wages and liquidated damages to 68 case managers after a DOL investigation found recordkeeping and overtime violations. Key takeaways:

Enforcement can reach multicounty providers and community health agencies.
Investigations often follow pattern complaints from multiple employees collective action matters.
Liquidated damages can double the employers liability, so settlements often include a large premium.

Quick Templates & Tools (Download-Ready)

1. Weekly Time Audit (copy into a spreadsheet)

Columns: Date | Scheduled Shift | Start | End | Duration | Activity | Evidence Link | Notes

2. Written Demand for Pay (short version)

See the earlier Demand email template. Keep attachments: your timesheet summary and evidence screenshots.

3. DOL Complaint Quick Text

To: Wage and Hour Division

I am filing a complaint under the Fair Labor Standards Act. My employer, [Employer Name], failed to record and pay me for [number] hours between [dates]. I have attached timesheets, pay stubs, emails, and call logs. I believe the violations are [willful/non-willful]. Please investigate and advise.

Next Steps A 7-Day Action Plan

Day 1: Begin contemporaneous time log and back up existing evidence.
Day 2: Pull pay stubs and employer time records for the last 23 years (or state statute period).
Day 3: Send the formal demand email to HR and your supervisor.
Day 4: If no resolution, draft a DOL or state claim; review the agencys online filing requirements. If you need help auditing tools and exports, our tool-stack audit guide is useful.
Day 5: Contact an employment attorney for a free intake (many offer this) if the employer refuses to correct pay.
Day 6: Prepare a summary packet for the agency or attorney: logs, evidence, demand email, pay stub comparison.
Day 7: File the claim or schedule a follow-up with HRwhichever you choose based on responses.

Final Recommendations

Be proactive: Dont wait for an audit to realize youre losing pay. Start tracking today. Document everything: contemporaneous logs + preserved digital evidence are your best assets. And use the law: FLSA and state wage laws exist to protect you. Recent enforcement activity shows agencies are ready to act but they need your documentation to build a case.

Call to Action

If youre a case manager who suspects youve worked off-the-clock hours, take one concrete step right now: download or copy the weekly time audit template above and log yesterdays tasks. If you want a tailored review, submit your summary packet to our career help desk for a free checklist review well point you to state resources and a negotiation script you can use with HR. Protect your pay; you earned it. If youre managing home-based documentation, check guidance on how to power your home office reliably so you can keep accurate logs, and consider using edge-ready models like AuroraLite for embedded capture if your employer uses camera-based workflows.

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Senior editor and content strategist. Writing about technology, design, and the future of digital media. Follow along for deep dives into the industry's moving parts.

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