Federal and state labor laws prohibit employers from permitting employees to do off-the-clock work without pay. Employers must pay workers for all work that they knew about or should have known about. Not surprisingly, many employers look the other way while employees perform unpaid work voluntarily or under pressure.
Laws about off-the-clock work
The Fair Labor Standards Act (FLSA) requires employers to pay for all hours worked, whether or not those hours are properly recorded on time cards or time sheets. Under the FLSA, a work day begins when an employee starts their first work-related activity, and ends when they finish their last work-related activity of the day.
California labor law defines “hours worked” as “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” The California Division of Labor Standards Enforcement has interpreted this definition to extend beyond an employee’s scheduled shift, including instances involving pre- and post-shift duties.
Are you owed pay for work off-the-clock?
Think you are owed for off-the-clock work? Free and confidential consultations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right.