When a workplace timeclock malfunctions, how does the federal FLSA treat time an employee actually works?

If an employee is continuing to work, 29 CFR § 785.11 says work not requested but “suffered or permitted” is work time when the employer knows or has reason to believe the employee is continuing to work. A broken timeclock report alone does not determine whether the employee was continuing to work or what the employer knew, and this limited federal overview does not decide a specific payroll practice or state, local, or agreement-based requirements. [1]