Off-the-clock work is a prevalent issue among employees, with many individuals performing tasks outside of their scheduled work hours without receiving compensation. In fact, according to a recent survey conducted by the National Employment Law Project, nearly 80% of low-wage workers reported working off the clock. This can include tasks such as checking emails, responding to text messages, or completing assignments at home, but also going through certain procedures, such as health screenings, security checkpoints, or waiting time.

In California, employees are entitled to be paid for all hours worked, as well as overtime pay for any hours worked over 8 hours in a day or 40 hours in a week. This includes any off-the-clock work that is performed. Employers are required to keep accurate records of all hours worked by their employees. However, some employers may not properly record or compensate employees for off-the-clock work. This is illegal and can result in wage and hour violations.

Examples of off-the-clock work can include:

• Going through health screenings before clocking into work. For example, employees that are required to have their temperature checked or to fill out a health questionnaire before starting their shift, and that time is not paid by the employer.
• Going through security checkpoints. For example, employees that are required to go through a security check, such as a metal detector or a bag search, before starting their shift, and that time is not paid by the employer.
• Waiting time, such as waiting for equipment or tools to be ready for use, or waiting for a supervisor to give instructions, if not paid by the employer.

It’s important for employees to understand their rights and to speak up if they feel that they are not being fairly compensated for their work. Off-the-clock work is a serious issue and should be addressed promptly to ensure that all employees are paid for the time that they have worked.

It’s also important for employees to know that they can’t waive their rights to overtime pay or other compensation for off-the-clock work and that an employer can’t ask or require an employee to work off the clock.

Employees who believe that they have been improperly compensated for off-the-clock work should report this to their employer or the California Division of Labor Standards Enforcement (DLSE). The DLSE can investigate complaints and take appropriate action against employers who violate wage and hour laws.