Is It Legal to Work Off the Clock in California?

No worker should be expected to work without pay, yet many California employees—especially those in retail, restaurants, warehouses, healthcare, and other labor-intensive industries—find themselves pressured or expected to complete tasks off the clock. Whether it’s setting up before a shift, staying late to clean, or answering work messages after hours, any unpaid tasks constitute wage theft.

Under California Labor Code § 1194 and the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for every minute they work. 

Even if an employer claims off-the-clock work is voluntary, it is still illegal if it benefits the company without compensation. Employers cannot avoid paying wages by ignoring extra work, or by having a policy against it. 

Workers who are required or pressured to work off the clock may be entitled to back pay, penalties, and additional compensation. If an employer refuses to compensate workers for all hours worked, legal action may be necessary.

What Counts as Off-the-Clock Work?

Many employees may not realize that certain tasks they perform outside of their scheduled hours should be paid. 

Off-the-clock work can include:

• Pre-shift and post-shift duties – Setting up workstations, preparing equipment, or cleaning up before or after clocking in or out.
• Administrative tasks – Completing paperwork, responding to work-related emails, or attending mandatory meetings outside of paid hours.
• Unpaid breaks – If an employee is required to work through their legally mandated meal or rest breaks, that time must be compensated.
• Off-the-clock training or meetings – Employers must pay employees for mandatory training, safety meetings, or additional job-related instruction.
• Waiting time – If an employee is required to wait on-site for a supervisor’s approval to leave, that time is legally considered work.

Even if an employer claims unpaid activities are “voluntary” or “unofficial,” California law requires that all compensable work be paid.

Employer Responsibility Under California and Federal Law

Employers have a legal obligation to ensure that workers are paid for every minute worked. Simply having a policy against off-the-clock work is not enough; employers must actively prevent it and cannot accept the benefits of unpaid labor.

Key legal protections include:

• California Labor Code § 1194 – Gives employees the right to recover unpaid wages if they were not compensated for all hours worked.
• California Labor Code § 226.7 – Requires employers to provide uninterrupted meal and rest breaks and pay for any missed or shortened breaks.
• California Labor Code § 510 – Mandates overtime pay for any work beyond eight hours in a day or 40 hours in a week.
• California Labor Code § 204 – Requires timely payment of wages, including all compensable work time.

Even if an employer “allows” an employee to work off the clock, they are still legally required to pay for that time.

What to Do If an Employer Requires Off-the-Clock Work

If an employer requires or encourages an employee to work off the clock, it is essential to:

• Keep a Record of All Hours Worked – Employees should track every minute worked, even if it is off the clock. This includes keeping a personal log, timesheets, or screenshots of work-related messages that document unpaid labor.
• Confirm Work Expectations in Writing – If a supervisor verbally requests off-the-clock work, employees should send a follow-up email or text confirming the request. This creates a written record of the expectation to work without pay.
• Save Employer Communications – Any text messages, emails, or schedules that show an employer requiring off-the-clock work should be preserved as evidence of wage violations.
• Address the Issue with HR or a Supervisor – Bringing concerns to Human Resources or management may help resolve the issue, but employees should document all conversations in case further action is needed.
• File a Wage Claim – Employees can report wage theft to recover lost wages and penalties.
• Consult an Employment Attorney – If an employer refuses to pay for all hours worked or retaliates against an employee for reporting violations, seeking legal representation is often the most effective option.

Why Legal Action Matters – Lawyers for Justice, PC Can Help

Unpaid wages due to off-the-clock work can result in thousands of dollars in lost earnings over time. California law allows workers to recover:

• All unpaid wages, including overtime and break compensation.
• Interest on unpaid wages, increasing the total amount owed.
• Additional penalties against employers who violate wage laws.

Employers who allow or encourage off-the-clock work can be held accountable. Lawyers for Justice, PC fights for workers’ rights and takes aggressive legal action to recover lost wages. The firm holds employers accountable for violating California labor laws.

If you have been required to work off the clock, contact Lawyers for Justice, PC today for a free consultation. The experienced California employment attorneys are ready to fight you.