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Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's labor and employment law attorneys charge me?

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Overtime Law Questions


Q: If I work overtime without authorization, is my employer obligated to pay for it?

A: Yes, California employment law requires that employers pay overtime, whether or not it is authorized. Overtime pay is one and one half times the regular rate of pay for all hours in excess of eight, up to and including 12 hours in a workday. After 12 hours, the employee is compensated at double the regular rate of pay.

Q: Can my employer penalize me for working unauthorized overtime?

A: An employer can discipline an employee for violating the employer’s policy of working overtime without the required authorization. However, California employment law requires that employers pay overtime, whether or not it is authorized.

Q: Are salaried employees entitled to overtime?

A: It depends. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted.

Q: Can an employer require an employee to work overtime?

A: Yes, an employer may dictate the employee’s work schedule and hours. Under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

Independent Contractor Law Questions


Q: How can an employment law attorney help me if I was denied overtime pay as a result of being missclassified as an independent contractor?

A:If a worker can establish that they should have been classified as an employee rather than an independent contractor, they can file a lawsuit to recover past overtime pay. Our experienced employment attorneys are committed to helping our clients understand the nuances of independent contractor law and obtain the compensation they are owed.

Exempt vs. Non-Exempt Questions


Q: Is salary a factor in determining if an employee is exempt or non-exempt?

A: Under California Labor Code 515, employees must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment to be considered exempt. Under the Fair Labor Standards Act, employees generally must be paid no less than $455 per week to qualify for an exemption.

Q: What other jobs are exempt under the FLSA?

A: Computer employees (such as computer systems analysts, computer programmers, and software engineers), outside sales employees, and highly paid employees(i.e. employees earning more than $100,000 per year).

Q: Are there exceptions to the requirements for exemption under the FLSA?

A: Yes. The exemptions do not apply to manual laborors, including carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, and construction workers, regardless of their salary or rank. The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees.

WARN Act Questions


Q: What are the penalties for employers who violate the WARN Act?

A: Employers in violation of the WARN Act are generally liable to each affected employee for an amount equal to back pay and benefits for the period of violation for up to 60 days. New Jersey WARN Act differs from other WARN Acts in that it instead requires employers in violation of the Act to pay affected employees severance pay equal to one week of pay for each full year of employment.


Q: How can a WARN Act attorney help me?

A:The WARN Act is enforced when employees, or their representatives, bring individual or class action suits alleging that an employer violated the WARN Act. Our experienced WARN Act attorneys are committed to helping our clients understand the nuances of the WARN Act and obtain the compensation they are owed.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW> CALIFORNIA DONNING AND DOFFING ATTORNEYS

"Off The Clock" Pre and Post Shift Work

Are you paid for pre and/or post shift "off the clock" work?

Employees may be eligible to receive compensation for time spent performing certain duties before and after their scheduled shift. Common examples of such duties includes time spent by:

  • Workers putting on (donning) and taking off (doffing) protective or work required gear;
  • Employees booting up a computer and logging into work programs;
  • Bus drivers inspecting their bus before the start of the shift
  • Butchers sharpening knives before the start of their shift;
  • Electricians loading their trucks before leaving to perform their routes;
  • Filling out time sheets, checking job locations, cleaning and loading trucks, fueling trucks, and picking up plans for the day's work;
  • Employees waiting for work after punching in, even though employees could wait in a break break, in their cars, or even depart the premises if work was not available;
  • Taxi drivers performing paperwork at the end of their shift;
  • Corrections officers picking up keys, body armor, and other equipment.

Donning and Doffing and the FLSA

Under the Fair Labor Standards Act, employers are required to pay employees for each workday, starting from time the employee begins their first “principal activity” and ending when the employee completes their last principal activity of the day. Courts have determined that employers must also pay employees for the time spent engaging in preliminary and/or post-shift activities that are an “integral and indispensable part of the principal activities,” including the time spent “donning and doffing” required protective and safety gear.

IBP v. Alvarez, 546 U.S. 21 (2005)

In 1999, production workers in a meat processing plant filed a class action lawsuit against their employer, IBP, Inc., demanding compensation for time spent donning and doffing protective gear, as well as time spent walking back and forth between the changing area and the meat processing area. In 2005, the U.S. Supreme Court held that the donning and doffing of the workers’ gear was a principal activity itself, since was integral to the workers’ daily activities, and therefore compensable under the FLSA. The Court also held that the time employees spent walking to and from their work area after donning and before doffing was compensable because it was part of the continuous workday.

What can I do if I believe my employer has failed to pay for "off the clock" pre and/or post shift work?

If you believe that your employer is not properly paying you for pre and/or post shift work tasks, or if you would like to learn more about California labor law, please call (866) 981-4800 or fill out the form on the right for a free consultation with a labor and employment attorney.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.





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