Hourly workers generally receive pay for all time that they spend on the clock. Every paycheck may be different from the next, as they may work fluctuating hours from week to week.
Typically, service sector employees and other hourly workers have a right to receive their standard wages or even overtime pay for all time that they are on the job. Occasionally, employers try to limit their staffing costs by asking that workers perform certain tasks before they clock in for a shift or after they clock out at the end of a shift.
Is unpaid off-the-clock work legal under California law?
California does not allow mandatory unpaid work
The Fair Labor Standards Act (FLSA) is the federal statute that establishes the right to pay for most hourly workers. The FLSA has a de minimis rule that allows employers to request unpaid work if it represents an inconsequential amount of time.
Clocking out before locking a business’s doors and turning off lights could be legal in many states, but not in California. In California, state statutes and court interpretations of the law require payment for all time worked, even small increments of time devoted to off-the-clock labor.
The de minimis exception does not apply. Employers must compensate workers for time spent before or after shifts. Even answering emails or being on call over the weekend could make workers eligible for pay.
Holding employers accountable for demanding off-the-clock work can lead to compensation for unpaid wages. Hourly workers should not have to perform job tasks without appropriate compensation for their efforts. Professionals who are aware of their rights can assert themselves, possibly by taking legal action against a company for failing to conform to state wage standards.