You've already worked 40 hours in the workweek and your boss is asking you to stay another hour, but he/she is telling you to clock out and then work. Perhaps the boss does not want to go over his/her labor budget. Perhaps the boss gets a bonus if he/she stays under the labor budget. Perhaps the boss does not want to get in trouble with his/her superiors. Or perhaps the boss simply does not want to pay overtime to employees. Whatever the reason, employers generally must pay non-exempt employees for all hours that they work.
An employer who asks you to work overtime hours without providing compensation is asking you to perform work off-the-clock. You feel that you have no choice but to do the work because you want to keep you job. You should know, however, that by not compensating you for the time you spent working, the employer is violating the Fair Labor Standards Act.
Violations of the Fair Labor Standards Act can subject an employer to damages that include the wages that were not paid, liquidated damages, and attorneys' fees.
If you have worked off-the-clock and have not been compensated for the overtime hours that you worked, please contact a wage lawyer at Weiner & Sand LLC to discuss your rights to compensation.