Off-the-Clock Work

You (an employee) have the right to be paid for all of the time you work. This time generally includes pre-shift preparation, post-shift cleanup, work done after you clock-out, or any “time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”

WHAT DOES “SUFFERED OR PERMITTED TO WORK” MEAN?

Whenever you are under the control of your employer, you are most likely “suffered or permitted to work.”  This includes time that you are waiting for your employer to give you an assignment.

For example, if you arrive at work at your regularly scheduled time and you wait half an hour for your boss to assign you your first task, you should be paid for that half hour even though all you did was wait.

In another example, if you arrive at work half an hour before your regularly scheduled time to prepare your workstation and your employer knows that you performed this work during this “pre-shift half hour” your employer should pay you for that time.

HOW MUCH SHOULD I BE PAID FOR “OFF-THE-CLOCK WORK?”

Whether you are working on-the-clock or off-the-clock, you should always be paid your regular rate of pay, or overtime pay if you work more than the maximum hours of work.  If your regular rate of pay is $20 per hour, then you should be paid $20 per hour for off-the-clock work as well.  You should never be paid less than the minimum wage, which was increased to $10.00 per hour in California as of January 2016 and may be higher in some cities.

WHAT DO I DO IF MY EMPLOYER TELLS ME TO CLOCK-OUT BUT REQUIRES ME TO FINISH MY TASKS BEFORE I LEAVE?

If your employer asks you to arrive early and clock-in later or asks you to clock-out early but requires you to keep working, then you should still be paid for any work that you perform at the same rate of pay, or overtime pay if you work more than the maximum hours of work.

I AM NOT GETTING PAID FOR ALL OF THE TIME THAT I WORK.  WHAT CAN I DO?

It may be smart for you to keep a personal log of all the time that you work so that you can compare it to the hours and pay on your paycheck.  If you are not paid for all of the time that you work you can use your log to talk to your employer about this issue.  If your employer does nothing, it’s important to talk to an attorney and you may be able to seek reimbursement for this pay.

If you want to talk to an attorney about “off-the-clock work,” call Abogato, LLP and find out how we can help.

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