In order to successfully sue your employer for back pay due to work off the clock, you must be able to show all of the following: How can I bring an “off the clock” claim against my employer? So if you are working more hours without additional pay, you could have an “off the clock” claim against your employer even if you receive a salary. The legal definition of an exempt employee does not hinge on whether s/he is paid a salary or an hourly wage. Do I have a “work off the clock” claim even if I am a salaried employee?Įvery non-exempt employee in California is entitled to overtime compensation when they work more than eight hours in a workday, or 40 hours in a workweek.Īnd while many salaried employees are exempt employees under California’s white-collar exemption, many are not. Or they may simply require employees to do more tasks than they can do in their shift or in the hours they are supposed to work. They may discourage employees from reporting overtime. Many employers are vaguely familiar with California employment law and find more subtle ways to make employees do uncompensated work.įor example, employers may set up timesheets or time clocks so that employees can not “clock in” for pre-shift or post-shift work. Not all illegal work off the clock is explicitly requested by an employer. Does “work off the clock” always have to be requested by an employer? However, it is frequently work for which the employee would have been owed time and a half or double time overtime pay. Sometimes work off the clock is work that would have been compensated at the employee’s regular rate of pay.
Pre-shift work, such as time spent preparing a restaurant to open, preparing a worksite or preparing safety equipment.2Ĭommon forms of work off the clock include:
“Work off the clock” is defined in California wage/hour law as work that an employee does without pay. What is “work off the clock” under California law? A California labor and employment attorney can help you enforce your rights to the pay you are entitled to. Whatever the circumstances, California law requires that employers pay employees for work off the clock.
#Total pass time clock full
In other cases, the employer subtly requests or merely encourages work off the clock.Īn employer may be requiring or tolerating work off the clock to avoid paying an hourly employee for the full amount of time they are working–or to avoid paying employees overtime as required by California overtime laws.
Sometimes employers or supervisors explicitly require work off the clock. In the July 2018 case of Troester vs Starbucks, the California Supreme Court held that even working a few minutes before or after clocking in is compensable time for which a worker is entitled to compensation. 1 Work off the clock is work that employees do for their employer, with their employer’s knowledge, but without pay. Under California wage and hour law, employers may not require employees to work off the clock without compensation.
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