OFF-THE-CLOCK WORK
You Are Entitled to Be Paid for All Time Worked.
All too often, employees are asked by their employers to perform work-related tasks outside of their regularly scheduled hours without pay. Employees, hoping to be viewed as diligent workers or afraid of retaliation, feel pressured to comply with these requests, even if it means that they are performing work for free. This is commonly referred to as off-the-clock work, and it is illegal. California law requires employers to pay non-exempt, hourly-paid employees for all time worked, regardless of whether it is outside of their regularly scheduled hours.
There are many ways employers pressure or force their employees to work off-the-clock. Common examples include:
Requiring employees to attend meetings or trainings without pay;
Failing to pay employees for time spent donning and doffing uniforms, protective gear, or other equipment;
Requiring employees to perform work during their meal periods;
Prohibiting employees from recording overtime without advance authorization;
Paying employees based on their scheduled hours, rather than their actual time worked;
Instructing employees to clock-out and continue working in order to finish their work;
Altering employee time records to remove time that was actually worked; and
Rounding employee time records in a way that results in underpayment of wages.
If you have been required to work off-the-clock by your employer, you may be entitled to recover unpaid wages, penalties, interest, and other legal remedies. Parker & Minne has extensive experience representing employees in off-the-clock claims against their employers. If you believe you are owed wages, contact us today for a free initial consultation.