If the employee is FLSA non-exempt, then the employer must pay or compensate any time worked outside of duty hours. Exempt employees must be compensated, not paid. And the employee can refuse to work when off-duty.
Where I work, the issue is that many employees work extra time and we are trying to minimize that activity. I get talked to also, because I don’t want to leave work until my work is done. I don’t care, I’m on a salary.
I am in management for my group that staffs a 24/7 hospital. I can and do get called with issues 24/7 including 3 am and holidays. I get a management stipend and this is presumed part of my job. If ondont like it I can always resign from manacement
If I have a shift uncovered by an emergency I can and do contact my staff at home by text email phone or any other way I can get a hold of them. They have caller ID and can choose not to answer. Part of being a professional is taking care of your workplace and that sometimes means getting contacted outside your normal work hours Dont like it? Find another job or profession
And by the way I have docs that work only night shifts. Does that mean I can only email them overnight and not during the day? Absurd law.
We (exempt) may have to be compensated for off-hours work, which tends to mean we are not allowed to do off-hours work. But we are evaluated on getting our job done, so we work off-hours secretly: