
After-Hours Texts and Calls Count as Paid Time: An FLSA Overtime Guide for Small Employers
Under the FLSA's suffered-or-permitted standard (29 CFR 785.11), a nonexempt employee's four-minute reply to a 9 p.m. text is compensable work if you knew or had reason to know it happened, and the de minimis rule in 29 CFR 785.47 rarely covers timestamped, recurring message time. This guide covers exempt-vs-nonexempt classification at the $684-per-week salary floor, the four timekeeping setups that manufacture violations, the two-to-three-year lookback with doubled liquidated damages, and a five-habit compliance playbook for small employers.










