Off-the-Clock Claims Lawyer

Off-the-clock work includes any job-related tasks performed before, after, or between scheduled hours without pay. Common examples are setting up workstations, logging into computer systems, cleaning or closing after shifts, attending unpaid meetings, loading or unloading materials, and answering work emails or calls outside normal hours. Even short tasks, such as donning required uniforms or equipment, may qualify. Under California and federal law, employers must pay employees for all time spent under their control or performing work duties.

Yes. If you perform work before or after your official schedule — such as preparing materials, checking emails, setting up equipment, or locking up at day’s end—your employer must pay you for that time. The law defines “hours worked” as any time an employee is under the employer’s direction or control, regardless of schedule. Employers cannot avoid paying wages by labeling these duties as “voluntary” or “minor.” Even short pre- or post-shift tasks can accumulate into significant unpaid time.

Yes. Time spent in mandatory training sessions, meetings, or required orientations counts as compensable work time. If attendance is required, directly related to your job, or conducted during regular work hours, you must be paid your normal or overtime rate. This includes safety meetings, staff briefings, and compliance seminars. Unpaid training is only lawful when attendance is truly voluntary, outside working hours, and unrelated to your job duties. Employers must accurately record this time and cannot require employees to work “off the clock.”

No. If your employer expects or allows you to read emails, answer messages, or take work calls after hours, that time must be compensated. Off-the-clock electronic communications are treated the same as in-person work. Even brief after-hours responses, along with unrecorded lunch breaks, can add up, especially when they occur regularly. California law and the federal Fair Labor Standards Act (FLSA) require employers to pay for all time an employee works, whether on-site or remotely. Employers should implement clear boundaries and policies to prevent unpaid digital labor.

Strong evidence includes detailed notes of dates, times, and tasks performed off the clock, along with schedules, timecards, emails, text messages, or witness statements confirming the extra work. Pay stubs and job descriptions can also support your case. Even if an employer’s records don’t show the extra hours, employees’ credible testimony often suffices. Keep contemporaneous logs or screenshots of communications showing after-hours work. The burden is on the employer to maintain accurate time records.

In California, employees generally have three years from the date of the violation to file a wage claim with the Labor Commissioner, or four years if filing a civil lawsuit under breach-of-contract or unfair-business-practices laws. For federal claims under the FLSA, the statute of limitations is two years, extended to three years for willful violations. Acting promptly helps preserve records and witness statements. Employees may recover unpaid wages, overtime, interest, and penalties for the entire recovery period.

No. Retaliation for asserting your right to unpaid wages is illegal. Your employer cannot fire, demote, discipline, reduce hours, or otherwise punish you for reporting off-the-clock violations, filing a claim, or cooperating with an investigation. California Labor Code sections 98.6 and 1102.5, as well as federal law, strictly prohibit retaliation. Employees who experience adverse actions after making a complaint can file a retaliation claim, seeking reinstatement, back pay, and additional damages. Protect yourself by keeping written records of communications, performance reviews, and any changes in treatment following your complaint.

Employees who win an off-the-clock case can recover unpaid wages for all hours worked, overtime premiums, interest, and statutory penalties. In California, workers may also be entitled to “waiting time” penalties if the employer willfully failed to pay final wages. Depending on the claim, additional damages may include attorney’s fees, liquidated damages equal to unpaid wages, and compensation for emotional distress or retaliation. Employers found to engage in systematic wage theft can face class-action exposure or civil penalties.

An employment lawyer can evaluate your situation, identify wage violations, and guide you through the claim or litigation process. They help collect and preserve evidence, calculate owed wages and penalties, and represent you in hearings or negotiations with your employer. Skilled off-the-clock claims lawyers understand wage and hour laws, procedural requirements, and employer defense tactics. They can also file retaliation claims or class actions when violations affect multiple workers.

Yes, if they are misclassified as exempt or their duties do not meet the exemption criteria. Many salaried non-exempt employees are still non-exempt under California and federal law, meaning they must be paid for all hours worked and receive overtime when applicable. Job titles alone don’t determine exemption; the actual duties and compensation structure do. Salaried employees often perform extra tasks after hours without realizing they’re entitled to be paid for them.