California law explicitly states that an employer cannot require an employee to “work off the clock.” The act of “working off the clock” is defined as performing work, with an employer’s knowledge, without compensation.
It is illegal whether the employer explicitly requires an employee to work off the clock, makes subtle requests that they work off the clock, or even encourages them to work off the clock.
Typically an employer will require or tolerate working off the clock in an effort to avoid paying the employee for the time they have worked or paying them overtime.
What happens if an employee works off the clock?
In California, working off the clock means that the employee is working without pay. Typical instances of employees working off the clock can include the following:
- Working pre-shift, such as preparing to open a store, prepping a worksite, or setting up safety equipment.
- Working post-shift, doing activities like cleaning up, storing equipment, and delivering equipment to another site.
- Post- or pre-shift administrative tasks like working on medical charts or completing paperwork.
- Correcting mistakes or redoing work at an employer’s request.
- Working during required rest or meal breaks.
- When an employee works off the clock, they are not being paid.
Sometimes, they are working without pay when they should be compensated at their regular wage, but, often, they are owed 1.5X or even 2X their regular wage because the work they performed off the clock occurred during overtime hours.
Can you sue a company for making you work off the clock?
Because working off the clock is illegal, an employee that is forced to work off the clock can file an official complaint through the Department of Labor and may recover as many as three years worth of back wages.
These damages are common and may only be denied if the employer can show that they were acting in “good faith” and that the employee was exempt from overtime pay or was not working off the clock.
In some instances where an employee has won a claim involving back pay for working off the clock, an employee may also recover any attorney’s fees related to the case.
How long can an employer keep you after your shift?
It is not illegal for an employer to require an employee to stay at work past their scheduled shift. It is, however, illegal if the employee is not paid for the extra time that you work. If it constitutes overtime, you are entitled to overtime pay.
You may refuse to stay and work past your scheduled shift if you are required to do work without being compensated. Your refusal to continue working without compensation would be considered protected activity under federal law. Any retaliation you suffer due to your refusal to work off the clock would constitute illegal retaliation.
Generally speaking, your employer may require you to work both before and after your regularly scheduled shift as long as you are appropriately compensated.
Can an employer force you to work on your day off in California?
An employer cannot force an employee to work on contractually guaranteed days off. Only in circumstances where a written employment contract exists or because of the employee’s religion is an employer barred from requiring that you work on a day off then fire you when you do not. Any other time, an employer can require you to work on a scheduled day off, as long as you are appropriately compensated.
Is unpaid training legal in California?
Yes, unpaid training is illegal in California. Underhanded employers will often use unpaid training as an excuse to steal time from an employee and avoid paying fair wages. California law states that all time that an employer requires you to work, you must get paid for that time.
Often, an employer will claim that since the employee is in training, they are not technically working and therefore shouldn’t be paid. Sometimes, they will schedule training off the clock and deny them wages based on mandatory training. These practices are a violation of an employee’s rights.
What To Do If You Were Forced To Work Off The Clock
If an employer required you to work off the clock, meaning that you were forced to perform work without being paid, you might be able to file a claim against your employer and recoup the wages owed to you. An expert employment attorney can protect your rights as an employee in California and can hold your employer liable for their negligent actions.
The California labor law attorneys handle a variety of employment matters, including “off-the-clock” claims. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent mistreated employees across Southern California. For more information or to schedule a complimentary consultation with an experienced Orange County employment attorney, please call 949-727-9300.
