“Off-the-clock” work is work performed without being recorded and paid. California employers generally must compensate nonexempt employees for all compensable time they know or should know the employee is working.
Common Examples
Off-the-clock work can include starting tasks before clocking in, finishing work after clocking out, answering work messages after hours, completing closing tasks without pay, or performing required preparation at home.
Small Amounts of Time Can Add Up
Minutes of unpaid work repeated day after day can become significant. Whether particular time is compensable depends on the facts and applicable law.
Employer Knowledge Matters
Employers generally may not avoid wage obligations by simply instructing employees not to record work that supervisors know is being performed.
Keep Evidence
Save schedules, timecards, messages, emails, log-in records, calendars, security records, or other materials showing when work occurred.
North Law Can Help
If you regularly performed work before clocking in, after clocking out, or during unpaid time, contact North Law for a free confidential consultation.