Do You Have Unpaid Overtime Hours Due to Off-the-Clock Work?

Posted on Monday May 10, 2021

Too many employees miss out on deserved overtime payments when they perform off-the-clock work. Learn whether you have a claim for unpaid overtime against your employer from a California overtime pay lawyer as soon as possible.

Many employers want to avoid paying overtime, so they only allow employees to work for eight hours per day. However, some companies expect employees to be engaging in productivity for the full eight hours, which leaves little time for setting up or cleaning up workspaces, among other tasks. Does your employer expect you to perform certain tasks before or after you clock in or out for the day? If so, you might be owed unpaid overtime for your off-the-clock work. Discuss the matter with trusted California overtime pay lawyers as soon as possible. 

California Law Regarding Off-the-Clock Work

If you are paid hourly, you should get full compensation for all time that you worked. Any work that your employer requests or knows about should be counted as your compensated work hours. If your employer knows you are performing work and fails to count it for pay purposes, they can be on the hook for unpaid hourly wages or even overtime. 

This is true whether your employer directly requests off-the-clock work or merely suggests it. In either case, California law requires that you are paid for the work. One example of how off-the-clock work might happen is as follows:

• Your employer expects you to be ready to work and clocked in at 8:00 am.
• You are not allowed to clock in prior to 8:00 am, though it takes you 15 minutes to set up to be ready to work each morning.
• You arrive to set up at 7:45 am every day, but do not clock in until 8:00, so you are not paid for the 15 minutes of set-up time.

In 2018, the California Supreme Court ruled that even a few minutes of off-the-clock work must be compensated under the law. 

In the above example, if you are clocked in for eight hours a day for 40 hours a week, the extra 15 minutes per day would need to be compensated at time-and-a-half overtime rates. If you are paid $20 per hour, this would add up to an extra:

• $7.50 per day
• $37.50 per week
• $1,950.00 per year

This seemingly small amount of extra off-the-clock work each morning can add up to a significant amount of unpaid overtime per year, and it is worth ensuring that you receive every penny of overtime pay you deserve. You should seek assistance from an attorney who can help you determine whether you have unpaid overtime for off-the-clock work.

Contact Our California Overtime Pay Lawyers With Any Concerns

It can be difficult to know whether or not your employer owes you back overtime payments, but you should never simply ignore your concerns. Instead, let our experienced California overtime pay lawyers review your situation and determine whether you have a claim. At Mara Law Firm, we believe that every employee deserves to be paid for all time worked, and we’ll work for you. Contact us online or call (619) 234-2833 for a case evaluation today.