California Off the Clock Work Lawyer
Most employees in California are covered by wage and hour laws that require employers to compensate them adequately for all the time that they work. When employees are paid on an hourly basis, employers should keep accurate records of the time worked and pay for every minute of that work.
But employers often require workers to complete tasks during time which is off the clock, not recorded, and not compensated. This is illegal. Although the amount of time involved may seem small, it adds up quickly.
A California off-the-clock work lawyer at Justice Law Corporation helps employees recover wages that have been unfairly withheld and ensures that employers put measures in place to prevent this type of wage theft in the future. By speaking out to address this problem, employees not only improve their financial position but also create a better workplace for others in the future.
Employers are not allowed to retaliate against an employee who takes action to enforce their rights under the law—if they do, they may be required to pay additional compensation to that employee. It makes sense to work with an experienced attorney to address the problem as soon as you recognize it, so that employers will be encouraged to respect their employees’ rights going forward.
Examples of Illegal Off-the-Clock Work
Often, employees don’t realize they are losing wages for off-the-clock work because they don’t understand what California law considers part of the work process. Generally, time spent doing something for the employer’s benefit should be compensated, even if it is not the core part of the employee’s job.
Some examples of the ways in which work performed off the clock should be compensated (but are typically not) include:
- Putting on protective gear at the start of a shift or removing it at the end
- Calibrating equipment
- Responding to text messages and answering phone calls
- Gathering materials, tools, or paperwork in preparation to start job tasks
- Setting up before opening
- Cleaning up the workspace and storing equipment
- Waiting for the computer to boot up or standing in line to clock in
- Being on-call (in certain circumstances)
- Writing up invoices or charting data
In some cases, travel time for work should also be compensated, yet it is not. Employers also wrongfully withhold pay by using time-keeping systems that round start and stop times or by discussing work with employees while they are on break.
If you are doing work before you clock in, after you clock out, or while you are on break, it is a good idea to talk to a California off-the-clock work lawyer at Justice Law Corporation to discuss the potential to receive back pay and other remedies.
Laws That Apply to Off-the-Clock Work in California
Laws established by the federal government and adopted by the state of California require employers to pay employees fairly for “hours worked.” That pay must equal or exceed minimum wage unless you are considered exempt from wage and hour requirements. If your work for the day or week exceeds certain limits, you must be paid at overtime rates. So, both minimum wage laws and overtime laws apply to work done off the clock.
Federal Law
The U.S. Department of Labor, the federal agency that enforces wage and hour laws and other workplace requirements, states that “hours worked” includes “all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work.” Moreover, “hours worked” for an employer also includes “any additional time the employee is allowed to work.” In other words, even if your employer does not require off-the-clock work, if you do the work and your employer knows about it, it should be compensated as hours worked. The provisions requiring pay of minimum wage and overtime, as well as other requirements, are set forth in the Fair Labor Standards Act.
California Law
California law provides protections that expand beyond those in federal law. The federal courts have applied a “de minimis” doctrine that, in some cases, prevents employees from recovering compensation for off-the-clock work. The rationale for applying this doctrine under the Fair Labor Standards Act is that courts cannot be bothered with minor matters, and the time involved in some wage theft cases is too short to warrant judicial attention.
However, the Ninth Circuit Court of Appeals has ruled that when a worker’s case is governed by California’s laws rather than federal laws, it is up to state courts to decide whether the same doctrine would apply. And the California Supreme Court has said it does not.
The case involved an employee who worked closing shifts at a coffee shop chain. He was required to complete specific procedural tasks after clocking out in the evenings, including transmitting reports, setting the alarm, and walking employees to their vehicles. Although he sometimes had to wait for employees or complete additional tasks, the time spent after clocking out ranged from 4 to 10 minutes each day. Over a 17-month time period, the record showed that the employee worked nearly 13 hours off the clock. This amounted to less than $103 under the wage in force at the time.
While federal law considered the time involved a minor matter not worthy of judicial relief, the California Supreme Court said that California labor laws took these matters seriously. The court noted that employment laws require specific ten-minute rest breaks and that employers must pay employees for an extra hour if they interrupt or fail to provide these breaks. In other words, the California Labor Code, regulations, and courts recognize that even small amounts of time that employees regularly work without pay deserve compensation. In some cases, it makes sense for a California off-the-clock work lawyer to address the claims of numerous workers in a class action to obtain remedies for several employees in a single legal action. The employee who serves as the class representative in this type of case is often able to receive extra compensation for stepping forward.
FAQS About Off-the-Clock Work in California
Employees are not always sure whether they are receiving compensation for all the work they’ve done, and they don’t know what to do if they suspect their rights are being violated. So, we frequently receive questions about off-the-clock work. To get an accurate, specific answer that applies to your situation, you need to speak to an attorney directly. (We offer free consultations so you can talk to us without fee or obligation.) For background information, here are some general answers to some of the questions we commonly receive.
Who is Covered by Off-the-Clock Work Rules?
The rules apply to most employees who are considered “nonexempt.” Both federal and state wage and hour laws include specific exemptions for job positions that are not subject to particular requirements. Often, the workers considered exempt have jobs where long hours are expected, and compensation is at least double the minimum wage. When an employee is exempt or covered by other rules or a contract, such as a union bargaining agreement, the off-the-clock rules do not apply. All other employees should be covered by the rules.
What Makes an Employee Exempt?
Generally, employees are considered exempt from the wage and hour requirements when they hold a position that meets the criteria for executive, professional, or administrative employment. Certain employees in the computer software field are also exempt.
Executive employees supervise others and are responsible for actively managing an enterprise or a department within an enterprise. Professional employees are licensed or engaged in a profession considered artistic or learned. Teachers, for instance, are usually considered exempt employees.
The one category where employers may be most likely to mischaracterize employees is the administrative category. Workers who perform administrative duties often believe the wage rules do not apply to their situation, but their jobs usually do not meet all the qualifications for exemption under the administrative category. To be exempt, workers must customarily and regularly exercise discretion and independent judgment, and must earn a salary at least twice the minimum wage for full-time employees.
An employee who is wrongfully classified as exempt may be eligible to receive lost wages for off-the-clock work, unpaid overtime, or other inappropriate treatment.
Am I Supposed to Be Paid for Time On-Call Even if I Never Get Called?
The California Department of Industrial Relations has clarified that “[a]n employer is obligated to pay the wages of an hourly employee for all time that the employee is under the control of the employer” and that “[o]n-call or standby time at the work site is considered hours worked for which the employee must be compensated even if the employee does nothing but wait for something to happen.”
When an employee is on call but not on the work site, the question of whether the employer must pay for that time depends on the restrictions the employer imposes on the employee while on call. For instance, if the employer restricts where the employee can go and requires a quick response time, and the employee cannot engage in personal activities while on call, it would be more likely that the employer would be required to compensate the employee.
When Is My Employer Supposed to Pay Me for Travel Time?
Generally, time spent traveling to or from a work site is not considered work time. However, when the employer requires employees to meet at a particular work site and travel to and from that site in specifically designated transportation, the time spent traveling to and from should be compensated as work time.
What Can I Recover if My Employer Has Not Been Paying Me for Off-the-Clock Work?
Employers may be required to pay amounts to make up for the wages not paid for work performed. If the off-the-clock work would constitute overtime, workers should receive wages at an overtime rate for that work. Employees can also receive interest on the unpaid wages and amounts to cover attorney’s fees.
Let Justice Law Corporation Help You Recover the Full Wages You’ve Earned
Your time is valuable, and you deserve to be compensated for all the hours and effort you’ve spent serving your employer. A few minutes before and after shifts and during your breaks can really add up over time and impact the quality of your life.
Talk to a California off-the-clock work lawyer at Justice Law Corporation today to find out what may be possible in your case. For a free case evaluation and consultation, call us at 818-230-7502 or contact us online now. We work on a contingency fee basis, so you only pay if we recover compensation for you.