Most California employees know that they have to clock in and out when they’re working a shift, but they may not realize just how strict that requirement is in this state. In California, wage and hour rules stipulate that employees are paid for every minute they work, including time that’s not within their schedule shifts. It doesn’t matter if the work is done on site, remotely or informally at an employer’s request.
There are many tasks that employees may not even think about if they do them off the clock. Some of these include answering emails after hours or attending a pre-or post-shift meeting. Even though these are very small amounts of time, they must be paid. This standard was clearly set by Rodriguez v. Nike Retail Services.
What exactly is the law?
Employers must implement systems that discourage off-the-clock work in all forms. Employers can’t avoid payment obligations by simply prohibiting off-the-clock work if they’re benefiting from that work. If work is performed by an employee who isn’t clocked in and the employer has reason to know the employee is doing the work, compensation is required or the employee can take legal action.
In the Rodriguez case, the central issue was the personal searches employees had to go through after their shift. They were already clocked out but had to wait on a search. Ultimately, it was found by the court that the time waiting for the search and the search itself was all compensable time.
The requirement for all work being compensated starts with the Fair Labor Standards Act, which is a federal law. That standard is reinforced and tightened with labor laws in California. With that in mind, any employee who hasn’t been compensated properly for all time worked may opt to take legal action against their employer.