Off the Clock Work
What does the law say about off the clock work?
Non-exempt employees must be compensated for all time they are under their employer's control. In some situations, employers treat time spent before or after a shift as non-compensated time even though an employee is performing work-related functions.
If an employee is required to report to the employerâ€™s business premises before proceeding to an off-premises work site, all of the time from the moment of reporting until the employee is released to proceed directly to his or her home is time subject to the control of the employer, and constitutes hours worked.
What are some examples of off the clock work?
Some common examples of off the clock work include time spent changing clothes or washing up on the employerâ€™s premises if it is compelled by the necessities of the employerâ€™s business. Similarly, required attendance at employer meetings, training seminars, social events, volunteer activities, or similar activities is compensable time. Off the clock work can also occur when an non-exempt employee performs work duties while at home such as checking work voicemails or when an employee performs a job function during his commute to and from work such as picking up supplies from a hardware store. Even relatively minor tasks such as booting up a computer at the start of a work day or locking a store's doors at the end of the day could qualify as off the clock work.
How can an attorney help you?
Off the clock claims are often dependent on showing that you were still under the control of your employer for relatively short periods of time before or after work. An experienced employment lawyer can analyze your daily schedule to determine if you are in fact being compensated for all time worked and can help you file a wage claim with the California Labor Commissioner or in state court. Our firm has dealt with hundreds of wage claims and is experienced in the current issues related to off the clock work. We will fight to obtain the maximum amount of wages and penalties possible.
Remember: no recovery, no fees. We only get paid if we obtain a positive recovery in your case.
We can review the facts of your case and give you an honest evaluation of any off the clock issue you are facing.
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