Working off the Clock in California: What Are Your Rights

Working off the clock is illegal under California labor laws. Any off-the-clock work, whether it be seconds or minutes, must be compensated.

What is Off-the-Clock Work?

Off-the-clock work occurs whenever an employee performs undocumented work. This includes performing work duties before clocking in or after clocking out, working while on designated rest breaks, and other situations where workers perform job duties without their time being recorded for payment. Employers may try to get employees to perform off-the-clock work in an attempt to avoid paying them for all of of the work performed.

In many instances, off-the-clock work may only take place a few minutes at a time, but can easily add up to hundreds of dollars of missed wages. In other instances, there may be more extended periods of off-the-clock work, which can take a more immediate financial toll. For instance, some workplaces may require their workers to participate in training for free, even though that training is directly related to their work.

Is Working Off the Clock Illegal?

Working off the clock is illegal under both federal and California labor laws. However, while federal laws may allow small increments of off-the-clock work, California law completely prohibits working off the clock. This comes from a California Supreme Court ruling in an off-the clock work lawsuit.

Certain employees are considered “exempt” from the California labor laws that require overtime compensation or mandated rest or lunch breaks. These are often salaried employees, and include many in executive, administrative, and professional positions.

A former Starbucks employee filed the lawsuit in 2012, claiming that he had been forced to work off the clock while working for the coffee chain. Starbucks allegedly required the plaintiff and other workers to transmit sales data, bring in patio furniture and condiments, set the store alarm and walk coworkers to their vehicles after clocking out for the day. Over the course of 17 months, the plaintiff allegedly worked 13 hours off the clock due to these requirements.

A San Francisco federal judge dismissed this case in 2014, but this was not the end of the road. The plaintiff appealed the dismissal, elevating the case to the Ninth U.S. Circuit Court of Appeals and, eventually, the California Supreme Court.

After reviewing the case, the California Supreme Court determined that small increments of off-the-clock work could quickly add up to hundreds of dollars. The unrecorded time worked by the plaintiff would have allegedly resulted in $102 in additional wages. This is especially true if that off-the-clock work should have pushed employees into overtime, in which case they should have been paid time-and-a-half for their work.

“That is enough money to pay a utility bill, buy a week of groceries, or cover a month of bus fares. What Starbucks calls ‘de minimis’ is not de minimis at all to many ordinary people who work for hourly wages,” wrote California Supreme Court Associate Justice Goodwin Liu.

Can You File A Lawsuit for Off-the-Clock Work?

More and more people are coming forward with allegations of labor law violations, particularly in California. California has some of the most employee-oriented overtime laws in the country. If you were forced to work off the clock by your employer, you may be able to take legal action in a lawsuit or class action lawsuit similar to that filed against Starbucks.

Wage and hour claims have resulted in significant compensation for Californians who have been financially injured by working off the clock. In January 2021, Sprint agreed to pay $7.6 million to resolve allegations that it forced retail workers to perform undocumented work after their shifts. In 2019, Jamba Juice agreed to pay nearly $2 million to settle claims over requiring off-the-clock work, and in 2018, Quick & Clear Inc. agreed to a $1.7 million settlement over off-the-clock work for its technicians.

If you have been subjected to violations of California labor laws, such as failure to pay overtime or failure provide adequate meal breaks, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation and maximize your potential compensation.