While it is unethical and illegal, there are businesses and companies in California that force their employees to work off the clock. They do this in various ways, like threatening to fire the worker or demote them to a lower position if they refuse to work overtime without extra pay. Alternatively, they may pressure the employee by saying “this is just how we do things here,” meaning they can choose to find employment somewhere else if they don’t want to work extra hours.
The truth is, state labor laws in California clearly define worker’s rights when it comes to working off the clock. Employers must compensate their employees for all hours of work, including any time spent on work duties before and after a shift.
Were you asked or forced by your employer to work off the clock in California? If so, consult a wage and hour attorney who can explain your rights and help you take the necessary legal actions. Our law firm is here for you 24/7, so don’t hesitate to give us a call.
What It Means to “Work off the Clock”
Under California law, the concept of working off the clock refers to a non-exempt employee performing work duties when they are not clocked in for work. As a non-exempt worker, you are probably paid on an hourly basis and protected by federal and state labor laws that provide you with:
- Overtime pay
- State minimum wage
- Uninterrupted meal and rest breaks
If you are an “exempt” worker, you fall into a category of employee classification that is exempt from these protections. Thus, it’s essential to verify that your employer has not misclassified you as an exempt employee, whether it’s by mistake or intention.
Working Off-the-Clock Illegal in California
No matter what you were told by your workplace, we want to stress that requiring an employee to work off the clock is illegal in California. This rule is supported by various court cases, including Troester v. Starbucks, which establishes that employers have to pay for daily off-the-clock tasks to all hourly employees. The requirement stands even for work assignments that are very brief. The reasoning by the court is that the worker loses out on significant pay when you add up all those minutes.
Another case that is relevant to working off the clock regulations is Frlekin v. Apple, Inc. In this 2020 case, the court ruled that Apple needed to pay hourly employees for any time spent before and after their shift on mandatory security bag checks. Sometimes the bag checks only lasted a couple of minutes, but there were incidents where employees were detained for up to 45 minutes until a security guard could check their bags.
Does “Clocking In” Apply to Salaried Employees?
The answer can be yes or no, depending on the circumstances. Employees must be classified as either non-exempt or exempt under both federal and state laws. All workers correctly classified as non-exempt must receive wages that are at least the minimum wage in California. They must also receive benefits, such as meal and rest breaks and overtime pay. If an employee is classified as non-exempt, they do not have access to these benefits, nor do they have to clock in and out for a specific work shift. These workers also receive higher pay on average compared to non-exempt employees.
The confusion arises when you are talking about salaried employees, who are typically exempt. But this is not always the case, meaning a non-exempt employee can receive a predetermined salary rather than hourly wages. This is why we day “it depends” when we are asked whether the concept of working off the clock applies to salaried employees. It really comes down to the classification of exempt versus non-exempt, so it’s imperative that workers are classified correctly by the employer.
There are numerous tests that are applied by the California labor department and court system to determine if an employee is exempt of non-exempt. But these tests can be quite confusing for those who do not have expert knowledge of the state and federal labor laws. If you have questions about your status as a non-exempt or exempt employee, it’ sin your best interest to contact a California labor law attorney.
Do I have Grounds to Sue for Working Off the Clock?
You may be eligible for a working off the clock lawsuit if you are paid by the hour and your employer is forcing you to work hours outside of your shift. There are many examples of working off the clock; here are just a few:
- Answering emails, texts, and phone calls outside of your shift
- Being forced to complete paperwork after your shift
- Working through your breaks or lunch periods
- Being asked to come into work early to set up your work space for the day
How much you can receive for off-the clock work depends on the situation, but you are generally entitled to time and a half or double your regular rate per the state’s laws on overtime pay.
Legal Advice from an Employment Rights Lawyer
If your employer is forcing you to work off the clock and denying you payment for these hours, you have the right to file a wage and hour violation complaint. To ensure the best possible chance of recovery, contact the lawyers of California Labor Law Employment Attorneys Group.
Our legal team has decades of experience and a proven track record of successful outcomes on behalf of workers throughout California. We are more than ready to represent you, and there’s no need to pay upfront with the Zero Fee Guarantee. All legal fees are collected at the end of your case, and we only get paid if you receive compensation from your employer.
If you are ready to explore your rights and legal options, reach out to us and schedule a free, confidential case review.
