Los Angeles Off-The-Clock Lawyer

Suppose a cashier works at a supermarket in Los Angeles, California. At the end of every shift, their manager tells them to clock out and stay to count the money in their till with the upcoming cashier. What does the law say about working off-the-clock?

According to both California and federal wage and hour laws, it is illegal to work without compensation. In fact, the California Supreme Court ruled in 2018 that even working just a few minutes off-the-clock per shift is considered a violation of California law (Troester v. Starbucks Corp). So, if you're working without getting paid, you might want to consider talking to an employment lawyer in California who can help you get the compensation you deserve.

Typically, salaried employees aren't covered by off-the-clock laws, but it's important to note that some employers may misclassify employees as salaried who should actually be paid hourly. If you're not sure whether you've been misclassified, it might be a good idea to speak with an attorney who can help you figure it out. And if your employer requires you to work extra hours without compensation, you may have a claim for unpaid wages – including unpaid overtime, as well as other damages.

If you're paid by the hour, your employer must pay you for all the hours that you work. It's illegal for your employer to make you work off-the-clock without paying you for that time. And even if you volunteered to work off-the-clock, your employer is still required to pay you for the additional time you worked.

Wondering what some typical examples of working off-the-clock are in California? Well, here are a few common ones:

• Correcting and redoing work on your own time
• Staying late after your shift is over to finish your work
• Starting work early without punching in because your employer asked you to do so
• Attending meetings or other company events without pay
• Performing administrative work like reviewing documentation outside of your regular work hours and without pay
• Taking work home to complete a project on your own time
• Answering work-related emails and phone calls after the end of your shift or on nights or weekends
• Putting away tools or unloading the company truck after clocking out for your shift
• Driving from one work site to another as part of your duties without being paid for drive time
• Being required to keep your cell phone on outside of working hours in case your employer needs to get in touch with you

If you think you might be working off-the-clock without getting paid, it's a good idea to talk to an employment lawyer who can help you understand your situation better.

Well, the short answer is no. In fact, if your employer fires you for refusing to work off-the-clock, they may be breaking California and federal wage and hour laws. These laws protect employees from retaliation for asserting their rights to fair pay and hours. However, since each case is different, it's a good idea to speak with an experienced attorney who can help you understand your specific situation. They can help you determine whether you have a case for wrongful termination or retaliation, in addition to any unpaid wages you may be owed for working off-the-clock without pay.

We work on a contingency basis, so there are no fees unless we negotiate a settlement or there is a verdict in your favor. We also advance the costs involved, which are only reimbursed after a successful recovery on your behalf.

Last updated on May 10, 2023.

Additional Articles

• California Department of Industrial Relations - Waiting Time Penalty.

• California Department of Industrial Relations - Paydays, pay periods, and final wages.