Call us for help…įor questions about time clock rules for hourly employees or to discuss your case confidentially with one of our skilled California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group. In cases involving a large employer and a systematic policy of requiring or encouraging work off the clock, a class action wage and hour suit may be the best way to vindicate your rights.Īlso see our article on vacation pay. 4Īn experienced California employment lawyer can help you bring a suit against your employer for back pay you are owed, including overtime pay, for work off the clock. Your employer stood idly by–and did not either stop you from performing the work off the clock or do something to see that you were compensated for it.Your employer knew or should have known that you were performing this work and.You performed work for your employer for which you did not receive compensation.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 How can I bring an “off the clock” claim against my employer? hinge on whether s/he is paid 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 workers from reporting their overtime work. 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 preventing employees from being able to “clock in” for pre-shift or post-shift tasks. 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. Work that an employee does during a required meal or rest break.Being on-call or on standby (learn more about on-call pay).Redoing a work project or correcting errors at the boss’s request.Administrative work, such as completing paperwork, time sheets, or medical charts.Post-shift work, such as clean-up, storing equipment, or transferring equipment to a separate location.Pre-shift work, such as time spent getting a restaurant ready to open, preparing a worksite or setting up 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? How can I bring an “off the clock” claim against my employer?ġ. ![]() Do I have a “work off the clock” claim even if I am a salaried employee? 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.
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