Does my employer have to pay me for off-the-clock work?
Yes, employers must pay employees for all the hours they work. In California, it is unlawful for employers to require employees to perform any form of unpaid off-the-clock work, even for short periods.
Workers must be paid for all off-the-clock work the employer either knew or should have known about. This includes time spent completing duties before or after regular work hours. The rule applies even if your employer did not authorize the additional time or did not record it properly on timecards.
Some common examples of off-the-clock work include putting on uniforms before a shift begins, answering short calls or emails after clocking out, preparing a worksite before clocking in or returning equipment at the end of a workday. Employees should also be paid for time spent waiting for and undergoing security checks.
Sometimes employers will force their employees to work extra hours without pay. In other cases, off-the-clock work may occur in subtler ways. For example, an employer may assign a worker more tasks than they can complete during a regular workday, or the employee may be asked to start work early but clock in later.
If you have been forced to work off the clock without proper pay, you should discuss your situation with an experienced San Francisco employment lawyer. McCormack Law Firm can advise you of your legal rights and help you recover the unpaid wages.
Other Unpaid Wage, Overtime & Commission FAQs:
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What is an exempt and non-exempt employee?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?