It is 7:30 PM on a Monday. You have finished your shift, commuted home, and are finally sitting down to relax. Suddenly, your phone buzzes. It is a text from your manager: “Hey! I had a great idea for a Reel. Can you quickly edit that footage we took today and post it so it catches the morning algorithm? Thanks!”
Your stomach drops. You know this task will take at least forty-five minutes of cutting clips, finding trending audio, and writing captions. You also know that you clocked out hours ago.
This scenario is becoming increasingly common across the workforce. As businesses scramble to stay relevant on platforms like TikTok and Instagram, the responsibility for creating content often falls on employees who were hired for completely different roles. Worse, because social media lives on our personal phones and is accessible 24/7, many employers seem to believe the work associated with it can also happen 24/7.
So, is it legal for your employer to require you to create social media videos outside of your normal working hours?
The answer is a definitive no. If you are a non-exempt, hourly employee, any time spent on required work tasks, including filming, editing, or strategizing for social media, must be tracked and paid.
The Myth of “Voluntary” Content Creation
One of the biggest hurdles employees face is the perception that social media isn’t “real” labor. Because millions of people edit videos for fun in their spare time, some business owners treat content creation as a hobby rather than a professional duty. They might frame the request as a casual favor or imply that because you are “good at social media,” it shouldn’t feel like work.
However, the law does not care if you enjoy the task or if it feels creative. The Fair Labor Standards Act (FLSA) and state labor laws look at one thing: benefit. Is the task being performed for the benefit of the employer? Is it controlled or required by the employer? If the answer is yes, it is compensable work.
When you are editing a video to promote a product, service, or brand image, you are performing marketing work. If you do this work off the clock, your employer is receiving free labor, which constitutes a violation of wage and hour laws.
The Danger of the Unpaid Lunch Break
This issue isn’t limited to working from home in the evenings. A frequent violation occurs during lunch breaks.
In many workplaces, the lunch hour is viewed as a convenient time to “grab some content” because the lighting is good or the office is quiet. Your boss might ask you to film a quick trend while you are eating, or ask you to hold the camera while they speak.
If you are an hourly employee, your unpaid meal break must be completely relieved of all duties. You must be free to leave the premises and do whatever you wish. If you are holding a camera, directing a shot, or even brainstorming video ideas at your employer’s request, you are working.
If your employer interrupts your unpaid break for content creation, they likely owe you for that time. In some jurisdictions, like California, they may also owe you a penalty payment of one hour of pay for failing to provide a proper, uninterrupted break.
The Overtime Trap
Requiring off-the-clock social media work creates significant liability regarding overtime.
Let’s say you work a standard 8-hour shift, 9:00 AM to 5:00 PM. If your boss asks you to spend an hour at home editing a video for the next day, you have now worked a 9-hour day.
For non-exempt employees, that extra hour isn’t just unpaid regular time; it could be unpaid overtime. By failing to record this time, the employer is not only stealing your base wage but also cheating you out of the time-and-a-half premium you earned. Over weeks and months, these “little favors” can add up to thousands of dollars in stolen wages.
A lawyer in Santa Monica CA who specializes in employment law will frequently see cases where small, unrecorded tasks accumulate into massive wage theft lawsuits. Employers who fail to pay for this off-the-clock work are violating the law and may face significant penalties.
Using Personal Devices and Resources
Another layer to this problem involves the equipment used. When you work off the clock at home, you are likely using your own smartphone, your own data plan, and your own home Wi-Fi to upload large video files.
While the primary issue is unpaid time, there is also the issue of unreimbursed expenses. In many states, employers are required to reimburse employees for the necessary business use of personal assets. If your boss requires you to use your personal iPhone to film and edit because they haven’t provided company equipment, and you are doing this on your own time using your own data, they are shifting the cost of doing business onto you.
How to Protect Your Paycheck
If you find yourself in a situation where “quick social media favors” are eating into your personal time, you need to protect yourself.
- Document Everything: If you are asked to work after hours, keep a detailed log. Note the date, the specific task (e.g., “Editing promotional video”), the time you started, and the time you finished. Save screenshots of the requests from your boss (texts or emails).
- Communicate Clearly: Sometimes, employers are genuinely ignorant of the law rather than malicious. A simple, professional reminder can work. You might say, “I can definitely get that video edited tonight. It will take about an hour. Should I deduct this from my hours for this week, or would you prefer I do it tomorrow morning when I clock in?” This forces them to acknowledge that the work requires payment.
- Do Not Work for Free: It can be intimidating to say no, but you have a right to be paid. If your employer insists you do the work but refuses to let you log the hours, they are breaking the law.
We Fight for Your Rights
The line between work and life has never been blurrier, but the laws protecting your wages remain sharp and clear. You should never be forced to donate your time to build someone else’s business. Whether it is filming a dance, editing a clip, or replying to comments, work is work, and it deserves fair compensation.
At Karns & Karns Personal Injury and Accident Attorneys, we are dedicated to seeing justice served. We know that big companies and employers often try to take advantage of individuals who may not know their rights. Whether you are dealing with a personal injury or other injustices, having a knowledgeable law firm in Santa Monica CA on your side changes everything.
If you believe you have been treated unfairly, or if you have been injured and need someone to fight for you, do not hesitate to reach out.
Call Karns & Karns Personal Injury and Accident Attorneys today at 1-800-4-THE-WIN (1-800-484-3946). We are here to help you win.
