Probably not. It is the employer’s obligation to control the work. If an employer does
not wish work to be performed it must prohibit it. “Failure to ask” for overtime is usually
not a defense for an employer in an FLSA case. An exception might be if the employer
has a requirement that generally all time be reported and actually has enforced it, or if
an employee’s failure to report means that the employers did not know the work was
being performed.
