Work does not always begin when an employee clocks in or end when the scheduled shift is over. In many workplaces, employees may be asked to complete tasks around their regular working hours or handle responsibilities that are not clearly recorded. Over time, these extra minutes can add up and affect an employee’s earnings.
California wage laws provide protections for employees who perform work without receiving the required compensation. Understanding which activities may qualify as work time can help employees recognize when their pay may not accurately reflect the time they have spent working.
Examples of work that may require pay
Several common workplace activities can potentially count as hours worked, including:
- Completing required tasks before a shift begins
- Finishing work duties after clocking out
- Answering work-related emails, calls or messages outside scheduled hours
- Attending mandatory meetings or training
- Continuing to work during an unpaid meal period
- Performing required preparation or closing duties off the clock
California employers must pay for work they knew about or reasonably should have known was being performed. An employer may prohibit unauthorized overtime and discipline an employee for violating that policy, but the policy does not eliminate the obligation to pay for overtime that was actually worked.
What can employees do about unpaid work?
Keeping accurate records can help identify whether wages are missing. Employees should retain pay stubs and, when possible, keep their own record of when they started, stopped and performed work outside scheduled hours. California employers are also required to maintain accurate records of time worked.
If additional work pushes a nonexempt employee beyond California’s overtime thresholds, the employee may also be entitled to overtime compensation.
Recognizing potentially unpaid work is an important first step for employees concerned about their wages. A legal professional can help an employee understand their rights and the options available for pursuing unpaid wages.