Employees are supposed to be paid for pre-shift and post-shift activities if they are an integral and indispensable part of the principal activities for which the workers are employed. For purposes of California wage and hour laws and working off the clock rules, the term “principal activities” is considered to include any work of consequence performed for an employer no matter when the work is performed. Time spent waiting for work is compensable time for which employees are entitled to be paid if the waiting time is spent primarily for the benefit of the employer and the business.
Even if an employee works off the clock, their employer may try to argue that the time worked is de minimis, meaning too little for compensation. However, since the general rule is that employees must be compensated for all of the time they work, it is difficult for employers to prove that the time worked off the clock is de minimis.
Working Off The Clock Without Compensation? Call 800-568-8020
If you have performed work duties without being paid for them, contact Blumenthal, Nordrehaug & Bhowmik for a free consultation. Our employment law attorneys represent clients in San Diego, San Francisco, Santa Clara, Los Angeles, Orange County, and other cities throughout California.
Our California employment lawyers have helped employees throughout the state - from San Francisco to Los Angeles and San Diego - obtain over $10 million in awards for working off the clock. In particular, our labor lawyers have successfully litigated cases on behalf of call center employees, customer service reps, retail store staff, laboratory technicians, claims adjusters, security guards for working off the clock without pay.
CALIFORNIA WAGE LAWS PROTECT EMPLOYEES
If your current or former employer violated your rights to fair pay for all of the hours you worked, contact one of our experienced wage and hour attorneys in California. Our employment lawyers focus on helping employees recover damages plus penalties when employers violate California labor laws by forcing employees to work off the clock, altering employee time records or any other illegal conduct that cheats employees out of wages for all hours worked. All consultations are free and our employment law attorneys never charge employees fees unless we win money for them.