labor lawhealthcarewage rights

From Off-the-Clock to Paid: Lessons from the Wisconsin Back Wages Case for Case Managers

jjobsnewshub

2026-02-01 12:00:00

10 min read

A 2025 federal consent judgment ordered $162K in back wages to 68 case managers—learn how to document hours, request overtime, and file claims safely.

From Off-the-Clock to Paid: What the Wisconsin Back Wages Decision Means for Case Managers in 2026

Hook: If you are a case manager wondering whether the late nights spent charting, travel time between clients, or unpaid phone check-ins add up to rights you’re not getting paid for—this case matters. A federal court recently ordered a Wisconsin health system to pay six-figure back wages after a Department of Labor investigation found widespread off-the-clock work and unpaid overtime. That ruling is a practical alarm bell for case managers nationwide: document your time, know your classification, and learn how to safely pursue wage claims.

Quick summary of the ruling (what happened)

On Dec. 4, 2025, a U.S. District Court for the Western District of Wisconsin entered a consent judgment requiring North Central Community Services Program and Affiliates (doing business as North Central Health Care) to pay $162,486 in back wages and liquidated damages to 68 case managers. The Department of Labor’s Wage and Hour Division (WHD) had determined that between June 17, 2021 and June 16, 2023 the employer failed to record and pay for all hours worked, violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The judgment required $81,243 in back wages and an equal amount in liquidated damages.

This case shows how a WHD investigation and a court-entered consent judgment can convert unrecorded time into paid wages and damages for employees who were not properly paid under the FLSA.

Why this is relevant to case managers now (2026 trends and enforcement)

Two trends in late 2025 and early 2026 make this ruling especially relevant:

Increased DOL enforcement: The WHD has ramped up audits and targeted investigations into health care and case management employers where timekeeping and overtime issues are common.
Shift to digital timekeeping and remote casework: Hybrid/remote client visits and electronic health records (EHRs) create new places where unpaid work hides—after-hours charting, travel between home visits, and on-call follow-ups that aren’t captured by punch clocks.

For case managers—who often juggle travel, home visits, documentation, coordination with providers, and crisis responses—these dynamics create multiple points where unrecorded time can accumulate into significant unpaid wages.

How off-the-clock work typically happens in case management roles

Understanding common scenarios helps you spot unpaid work. Below are frequent ways case managers end up working without pay or without overtime being calculated correctly.

Typical off-the-clock scenarios

Post-visit charting: Completing EHR notes and documentation at home after scheduled client visits.
Travel time between clients: Time spent driving between home visits or clinical sites when not properly recorded.
Pre-visit prep and coordination: Phone calls, care coordination, or reviewing files outside scheduled paid time.
On-call and emergency responses: Short phone check-ins or crisis planning done off-the-clock.
Mandatory trainings or meetings not recorded: In-service sessions, staff meetings, or trainings outside core hours where time isn’t captured.
Rounding or overlap: Staying late to finish a client interaction because the next appointment ran long—time not entered into the payroll system.
Auto-logout or timekeeping system gaps: Punch clocks or EHR timers that automatically close sessions or require supervisors to approve extra time—causing unrecorded hours when approvals are denied or delayed.

These situations are common and often unintentional. But under the FLSA, nonexempt employees must be paid for all hours worked, including overtime at time-and-one-half the regular rate for hours over 40 in a workweek.

Are you exempt or nonexempt? Why classification matters

Not all case managers are automatically nonexempt. The distinction matters because only nonexempt employees are guaranteed overtime under the FLSA.

Key points on exemptions

Administrative exemption: Applies when an employee performs advanced office work directly related to management policies or business operations and exercises independent judgment. Many case managers who perform clinical, hands-on work or follow protocols will not meet this test.
Professional exemption: May apply to licensed clinicians with advanced training whose primary duties require advanced knowledge. Title alone ("case manager") does not determine exemption.
State rules vary: Some states add protections or different thresholds; always check local law.

If you suspect you’re misclassified, treat your time documentation and written records as crucial evidence.

Practical steps to document hours (actionable, immediate)

Documentation is the single most powerful tool when converting off-the-clock complaints into successful wage claims. Start now—contemporaneous records beat reconstructed logs later.

Daily tracking checklist

Use a time log: Keep a simple daily log with start/stop times for each work segment (client visits, travel, paperwork, calls). Timestamp entries with date and time.
Capture travel time: Log travel between clients and to/from base. If traveling is part of your job, note mileage and duration.
Record after-hours work: Note charting, phone calls, or emails completed outside scheduled hours and approximate time spent.
Save digital evidence: Keep emails, time-stamped EHR screenshots, calendar events, text messages that verify when you worked.
Collect corroboration: Ask colleagues to confirm shared meetings or joint visits in writing, and keep supervisor approvals or denials of extra time.
Photograph schedules: If you use paper schedules or sign-in sheets, photograph them daily.

Tools that help

Simple spreadsheets or smartphone time-tracking apps that let you export logs
Calendar apps (Google/Outlook) with visible start/end times for visits
EHR screenshots showing timestamps for note creation and edits (preserve metadata if possible)

Tip: Keep a dedicated folder (encrypted if needed) for payroll evidence and back it up offline. Contemporaneous, contemporaneously-signed logs are far more persuasive to DOL investigators and courts.

How to request overtime or correction at work (templates and strategy)

Start internally before filing external complaints—give your employer the opportunity to correct errors. Use clear, factual, non-confrontational language and attach evidence.

Sample email framework to HR/supervisor

Subject: Request to Correct Time Records and Overtime for [dates]

Body (short):

State the issue briefly: "I believe my time records for [week range] do not reflect all hours I worked."
Attach your log and supporting evidence: EHR timestamps, calendar entries, travel logs.
Request action: "Please review and advise on correcting my recorded hours and associated overtime pay."
Provide a deadline: "Please respond by [date, typically 7–10 business days]."

Keep the tone professional. Send to HR and copy your supervisor. Save the sent message and any replies.

When and how to file a DOL investigation or wage claim

If internal requests don’t resolve the issue, the Department of Labor’s Wage and Hour Division is the federal agency that investigates FLSA claims. You can also file with your state labor agency. Here’s a safe, step-by-step approach.

Step-by-step: Filing a safe and effective complaint

Review the statute of limitations: Under the FLSA, the statute is typically two years, or three years for willful violations. The Wisconsin case covered 2021–2023 and was pursued timely. See a sample Template: Filing a Wage Claim with the DOL for details on timing and evidence.
Gather evidence: Send copies (not originals) of logs, emails, EHR timestamps, pay stubs, and company policies that show how time should be recorded.
Document retaliation concerns: If you fear retaliation, note prior instances and include dates. Federal law prohibits retaliation for filing a complaint.
File with WHD: You can call the DOL WHD or submit a complaint online—WHD will assess and may open an investigation. Filing is confidential to the extent possible during an investigation.
Consider simultaneous state filing: Many states have wage enforcement units that may offer faster remedies or different protections.
Seek legal counsel if needed: If you suspect a broad pattern affecting many employees, a class or collective action with an employment attorney may be an option. Counsel can also advise on state law claims and remedies.

Note: The Wisconsin employer entered a consent judgment following a WHD investigation—this is a common outcome when the employer agrees to pay back wages and damages rather than litigate.

Protecting yourself: retaliation and privacy

Employees often fear retaliation. Federal law makes it unlawful for employers to retaliate for asserting wage rights, but protections are not absolute and enforcement takes time. Use these protective steps.

Retaliation safeguards

Keep communications in writing and save copies.
File complaints through official channels (HR, WHD) rather than publicly messaging on social media first.
If you belong to a union, involve your union rep early.
Consider anonymous reporting internally if your employer has a hotline—but be aware anonymous tips may limit the employer’s ability to correct your specific records.
Reach out to WHD to learn about confidentiality protections during investigations.

What employers should learn from the Wisconsin case (if you’re a manager)

This ruling is a practical checklist for employers to reduce legal risk and improve employee morale:

Adopt accurate, user-friendly timekeeping (mobile-friendly for field staff).
Train managers and staff on what counts as "hours worked" and how to record travel and after-hours work.
Audit timekeeping regularly and correct errors quickly.
Document approvals and denials for overtime.
Review job classifications with legal counsel to ensure exemption tests are applied correctly.

Case study: Translating documentation into a successful claim (based on the Wisconsin pattern)

While every case is unique, the WHD’s approach typically follows evidence patterns similar to what happened with North Central Health Care:

Multiple employees reported unrecorded time across many pay periods.
Contemporaneous EHR timestamps and schedules showed work performed outside recorded hours.
Employer timekeeping policies were inconsistent with actual practices.
A WHD investigation led to a consent judgment requiring back pay and liquidated damages because the evidence established both unpaid hours and recordkeeping violations.

Takeaway: consistent, contemporaneous records from many workers are persuasive. If you’re an individual, your logs backed by EHR timestamps and schedules can be decisive.

Advanced strategies for 2026 and beyond

New workplace technologies and regulatory changes mean case managers should be proactive:

Integrate time capture into EHR workflows: Encourage employers to adopt automatic timestamps tied to visit start/stop events.
Negotiate clear remote-work agreements: Define when after-hours documentation is compensated.
Monitor enforcement updates: Follow DOL WHD guidance and state law changes—many states strengthened wage theft laws in 2024–2025 and increased penalties in 2025.
Use data privacy best practices: When storing logs with sensitive client details, separate identifying client data from time records and use encrypted storage.

Checklist: What to do this week

Start a contemporaneous time log and save it daily.
Export EHR timestamps and calendar events for the last 6–12 months.
Send a professional written request to HR asking for correction if you find missing hours.
Rule out exemption status—ask HR for your classification and job description in writing.
If you don’t get resolution, file a WHD complaint or contact a wage attorney for a consult.

Final verdict: Why this matters to you

The Wisconsin consent judgment is a practical, enforceable example showing that off-the-clock work in case management can and does result in back wages and liquidated damages when employers fail to record and pay employees properly. With increased DOL scrutiny in 2025–2026 and more hybrid, digital workflows, case managers must document hours, communicate clearly with employers, and know how to pursue wage claims safely.

Actionable takeaway: Start a time log today, preserve supporting digital evidence, request corrections in writing, and if needed, file a WHD complaint. A few minutes of disciplined documentation per day can convert unpaid hours into paid wages.

Call to action

If you’re a case manager who thinks you’re owed pay, take the first step: create a dated time log for the last 6–12 months and send a clear, written request to HR. If you need templates or a step-by-step wage-claim checklist tailored to case managers, subscribe to JobsNewsHub’s newsletter for downloadable forms and up-to-date guidance on DOL developments in 2026. If you believe your employer is willfully withholding pay, consider contacting the DOL Wage and Hour Division or an employment lawyer—timely action preserves your rights.

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