You work in a diner and get paid by the hour. Your employer has a rule that requires you to prepare the diner for customers before your shift starts or to clean the premises after your shift ends, but he or she only allows you to clock in for your eight hour shift, not the “mandatory” early work. Guess what? Your employer is committing an “off-the-clock” work violation and owes you compensation for all that extra work you did while you were clocked out.
Both the Fair Labor Standards Act (“FLSA”) and California law require that hourly employees be paid for all hours worked. An employer who requires an employee to perform unpaid work is in violation of those requirements. Unfortunately, this type of wage and hour violation is common. Many employers require or expect their employees to perform unpaid “off-the-clock” work. Some typical examples include undergoing equipment check-out procedures, booting up work computer programs, warming up a truck, loading equipment, preparing a worksite before a shift, cleaning a worksite after a shift, or returning equipment after hours. “Off the clock” work can also include time rounding that work to the employee’s detriment.
An employer who requires, allows, or expects an employee to perform any of these tasks without proper compensation commits an “off-the-clock” violation. Often, this “off-the-clock” time is for time worked above 8 hours in a day. If so, this time is compensable at overtime rates.
Does Your Employer Require “Off-the-Clock” Work?
If your employer requires you to perform unpaid or “off-the-clock” work, contact Glick Law Group. We’ll help you evaluate whether your employer is committing California “off-the-clock” work violations and, if so, help you recover the compensation you deserve. We offer free consultations to our clients in San Diego and throughout California.