Wage theft is more than just a boss who refuses to hand over your salary. It can emerge in different ways, but one that commonly passes unnoticed is off-the-clock work. This refers to any task you perform outside your paid shift schedule and happens during small increments of time you may not realize are compensable.
Off-the-clock work is illegal under California law. Understanding the statutes governing this issue is critical in protecting your rights.
Examples of off-the-clock work
You may have performed off-the-clock work without realizing it. Examples can include, but are not limited to, the following:
- Checking or responding to work-related texts, emails or calls after hours
- Attending training sessions or meetings outside of your work schedule
- Completing tasks at home after working hours
- Arriving early to prepare for work without punching in
These activities may appear minor, but the minutes you spend on each one deserve pay.
State laws that prohibit wage theft
While the Wage Theft Prevention Act requires a notice at hire, the Workplace Know Your Rights Act now requires an additional annual notice for all employees. This is a response to the incidents where employees receive below minimum wage with no paper trail.
Furthermore, the landmark ruling in Troester v Starbucks in 2018 further established protections for employees. The California Supreme Court rejected the federal de minimis rule, requiring employers to include small increments of time if they are a regular part of the job.
Take back your time
Minutes can turn into hours of stolen labor. If your workplace culture treats off-the-clock work as part of the job, it may be violating the law. Tracking these moments is the first step to fighting for your rights. Speaking with a qualified employment attorney can help you determine exactly what you are owed and how to protect your rights effectively.