Being required to work off the clock—before clocking in, after clocking out, or during unpaid breaks—is a violation of California labor law. Employers must pay for all hours an employee is “suffered or permitted to work,” even if they didn’t formally authorize it. If you’re being asked to work without pay, it’s important to take steps to protect your rights and hold your employer accountable.

Steps You Can Take

• Document Everything: Keep detailed records of your hours worked, even those not reflected on your official timecard. Use a notebook, spreadsheet, or app to record start/end times, tasks performed, and dates.
• Save Communications: Keep emails, texts, or messages where supervisors or managers request work outside of your regular hours.
• Talk to Your Employer: If you feel safe doing so, raise the issue with your employer or HR department. Explain that you are not being paid for all hours worked and ask for the situation to be corrected.
• File a Complaint: If your employer does not resolve the issue, you can file a wage claim with the California Labor Commissioner’s Office.
• Consult an Employment Lawyer: An attorney can help you determine whether your rights have been violated and assist with filing a lawsuit to recover unpaid wages and penalties.

Legal Protections Under California Law

California labor law requires that non-exempt employees be paid for every hour worked, including overtime where applicable. Employers are prohibited from retaliating against employees who raise wage concerns. If you are fired, demoted, or otherwise punished for asserting your rights, you may also have a retaliation claim in addition to a wage claim.

Contact an Attorney for Help

If your employer is requiring or allowing you to work off the clock, the California Labor Law Employment Attorneys Group can help. We offer free consultations and only get paid if we win your case. Reach out today to protect your rights and hold your employer accountable for wage violations.