It’s common to find yourself answering emails, attending meetings or finishing tasks outside your official work hours. Such tasks are commonly referred to as “off-the-clock” work, and you deserve compensation for it. Some employers assume that having employees do small, unpaid tasks is harmless. Others pressure staff indirectly, creating a culture where off-the-clock work feels mandatory.
Regardless of intent, California law does not allow employers to dodge paying for all hours worked. Understanding your rights in such situations is crucial to ensuring you’re paid what you’ve rightfully earned.
How to protect yourself
If you’re often working off-the-clock, keep a personal log of all work-related activities you carry out, including calls and emails. This provides proper evidence should your employer deny your claims. Keeping detailed records is also essential when pursuing compensation for the unpaid work.
It’s also necessary to communicate this to your employer. Remind them politely if tasks fall outside paid hours. Remember, you have the right to speak up about unpaid work. The law protects you from employer retaliation for raising concerns about wages or hours. This means your employer cannot legally cut your hours, demote you, discipline you unfairly or terminate your employment simply because you asked to be paid for time you worked.
Should your employer ignore your concerns, refuse to pay for off-the-clock work or retaliate after you speak up, you may need to explore other options. You may, for instance, file a wage claim with the California Labor Commissioner’s Office or even take the matter to court to seek damages.
Having someone who understands California labor laws and your rights as a worker evaluate your situation can help determine whether any laws have been violated and guide you on the steps to take to assert your rights.