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What should I do if my boss asks me to work off the clock?
Off-the-clock work is illegal in California and can be a form of wage theft. If your employer has asked you to work off the clock without pay, you should contact an experienced employment lawyer. The lawyer can advise you of your rights and legal options. You may be able to pursue compensation for the unpaid wages.
Workers should be paid for all time spent performing work duties, no matter how short. This includes any tasks completed before, during, and after a shift. Common examples of compensable off-the-clock work include bag checks before a shift begins, cleaning a jobsite after clocking out, answering emails after a shift ends, or working during a lunch break.
It is never legal for an employer to refuse to pay employees for off-the-clock work, even when the employer did not authorize the extra hours (although working without authorization could be subject to valid discipline). Under California law, the worker must be paid for any time spent on work when the employer knew or should have known about the extra hours.
Sometimes employers explicitly require employees to work off the clock, such as forcing them to arrive before a shift starts but not clock in until later. In other cases, businesses may try to get away with making their workers do seemingly small tasks without pay. They may be encouraging off-the-clock work to avoid paying overtime. Misclassifying workers as independent contractors to get around California’s laws on off-the-clock work is also illegal.
Some employers use more subtle tactics, such as assigning workers more tasks than they could possibly complete during the standard workday. Employees then have no choice but to work off the clock to finish their excessive workloads.
McCormack Law Firm is dedicated to helping workers recover all the wages they are owed. If your employer has failed to pay you in full for the hours you have worked, contact us today to speak to a San Francisco employment lawyer.
Other Unpaid Wage, Overtime and 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?
- Are There Specific Documents or Records Required to Prove Unpaid Commissions?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can I Take Legal Action Against My Employer For Unpaid Commissions?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can My Employer Withhold Commissions If I Resign or I’m Terminated?
- 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 Long Does My Employer Have to Pay Me My Commissions After They’re Due?
- 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 My Rights Regarding My Final Paycheck Once I Quit My Job?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What Are Unpaid Commissions in California?
- What is an exempt and non-exempt employee?
- What Is Not Considered A Commission?
- 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?
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This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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