Off-The-Clock Work: What Is It, and What Are My Rights?
As an employee, you likely work at least forty hours a week. But what happens when your boss asks you to put in extra time? Is off-the-clock work legal? Does it matter if you are salaried or hourly? Learn all about off-the-clock work and how to protect your rights as an employee.
Off-the-clock work is any work that an employee does outside of their scheduled working hours. This can include tasks such as answering work-related emails, attending mandatory training, or even completing work at home. While some off-the-clock work may be voluntary, often it is required by the employer.
Common “Off-the-Clock” Work in California
California’s wage and hour laws define “off-the-clock” work as work that an employee does without pay or compensation. Common examples of “off-the-clock” work include:
- Pre-shift work, which can include time spent preparing a worksite, safety equipment, or a restaurant to open.
- Post-shift work, such as equipment storage, delivering equipment to a new location, or cleaning up.
- Administrative work, which may include completing medical charts or paperwork.
- Correcting mistakes or redoing a project at the employer’s request.
- Work is performed by an employee during their meal or rest breaks.
There are a few different factors that determine whether off-the-clock work is legal or not. These include whether you are a salaried employee versus an hourly employee, as well as your company’s policies regarding overtime hours. It is also important to understand your rights as an employee, including what recourse you have if you believe that you are being required to work unpaid overtime.
If you believe that your employer is requiring you to perform off-the-clock work, it is important to document all of the hours that you are working. This may include keeping a log of all your time spent on work-related tasks, as well as speaking with your HR department or a legal professional about any potential violations that you may be experiencing.
Employment Lawyer Free Consultation
Do you ever feel like your boss asks you to work more than the standard 40 hours per week?
Ultimately, it is up to you to protect your rights and stand up for yourself in order to ensure that you get paid fairly for the time that you spend working.
Since many employees are hesitant to say something for fear of losing their job, you need an attorney who can advocate on your behalf.
At Potter Handy Law Firm, we specialize in employment law and have helped countless individuals understand their rights when it comes to off-the-clock work. Whether you were asked by your boss to answer emails after hours or attend mandatory training sessions outside of your regular shift, our team can help you fight back so that you get the pay that you deserve.
Our attorneys understand the ins and outs of labor laws and will work with you every step of the way to create a strong case that holds your employer accountable for any unpaid wages. So if you’re ready to put an end to this unfair practice once and for all, don’t hesitate to reach out and schedule your free consultation today.
We look forward to hearing from you!