Off-The-Clock Work Violations in Orange County

Off-the-clock work violations occur when employees perform job-related duties without being compensated. In Orange County and throughout California, employers are required to pay workers for all hours worked, including any time spent performing tasks outside of scheduled shifts. 

If you have not been compensated for off-the-clock work, contact our Orange County wage and hour lawyers to seek compensation today.

What Is Off-The-Clock Work?

Off-the-clock work refers to tasks performed by employees that are not recorded or compensated. This can include:  

• Pre-shift or post-shift duties, such as setting up equipment or closing registers.
• Answering emails, phone calls, or texts outside of scheduled hours.
• Attending unpaid training or meetings.
• Performing security checks or donning required uniforms or safety gear without pay.
• Traveling between work sites or running work-related errands without reimbursement.

In California, these activities must be compensated as they directly benefit the employer. Failing to pay for off-the-clock work violates both state and federal wage and hour laws.  

California Wage and Hour Laws

Key regulations protecting employees from off-the-clock work violations include:  

California Labor Code

Requires employers to pay employees for all time spent on work-related duties.

Industrial Welfare Commission (IWC) Wage Orders

Establishes rules for meal and rest breaks, overtime, and payment for all hours worked.

Fair Labor Standards Act (FLSA)

A federal law that mandates minimum wage, overtime pay, and recordkeeping standards.

Under these laws, employers cannot require or allow employees to work without proper compensation, even if the work is voluntary.  

Common Off-The-Clock Work Violations in Orange County

Unpaid Pre-Shift and Post-Shift Activities

Employees are often asked to prepare for their shifts or clean up afterward without being paid for this time. For example, a barista setting up equipment before clocking in or a retail worker restocking shelves after their shift.

Unpaid Administrative Tasks

Tasks like checking emails, completing paperwork, or attending mandatory meetings outside of paid hours are common violations.

Unpaid Travel Time

While commuting is generally not compensable, traveling between job sites during the workday must be paid. For instance, a healthcare worker traveling between patient homes should be compensated for travel time and expenses.

Pressure to Work During Breaks

Employees required to work through legally mandated meal or rest breaks without compensation are victims of off-the-clock violations.

Misclassification of Workers

Employers may misclassify employees as exempt from overtime or as independent contractors, denying them pay for all hours worked.

What Should I Do If My Employer Commits an Off-The-Clock Work Violation?

If your employer requires or allows you to work off the clock without compensation, it is essential to take action to protect your rights. Here’s what you should do if you encounter this issue:

Document Everything

Keeping accurate records of your work activities is critical. Include details such as:

• Dates and times of off-the-clock work.
• Specific tasks performed.
• Emails, texts, or verbal instructions from your employer requiring or suggesting off-the-clock work.
• Witnesses or coworkers who can confirm the unpaid work.

These records will serve as evidence if you decide to file a complaint or pursue legal action.

Notify Your Employer

If you feel comfortable, report the issue to your employer, manager, or HR department. Many off-the-clock violations result from misunderstandings or poor timekeeping practices rather than deliberate actions. Politely explain the situation and request compensation for the unpaid work. Use your records to support your claim.

File a Complaint with the California Labor Commissioner

If your employer fails to address the issue or refuses to pay for off-the-clock work, you can file a complaint with the California Labor Commissioner’s Office.

• Visit the Labor Commissioner’s website and complete the Wage Claim Form to report unpaid wages.
• Include all supporting documentation, such as your records of unpaid work, communications with your employer, and timekeeping discrepancies.

Seek Legal Advice

If your employer retaliates against you or continues to deny compensation, consulting an experienced Orange County Wage & Hour Attorney is a crucial step. A lawyer can:

• Assess your case and determine the best course of action.
• Help you file a complaint and lawsuit against your employer for unpaid wages, overtime, and damages.
• Represent you in negotiations or court to ensure your rights are upheld.

Types of Compensation Available 

If your claim is successful, you may be entitled to:

• Back Pay: Compensation for all unpaid wages, including overtime.
• Waiting Time Penalties: Additional pay if your employer failed to promptly pay wages owed at termination.
• Interest on Unpaid Wages: Compensation for the time your wages were withheld.
• Attorney’s Fees: Reimbursement for legal costs incurred while pursuing your claim.

Protection from Retaliation

California law prohibits employers from retaliating against employees who report wage and hour violations. If your employer fires, demotes, or penalizes you for raising concerns, you may have grounds for a retaliation claim.