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Is working off the clock legal?

On Behalf of | Mar 1, 2022 | Employment Law

Have you ever had a boss try to force you to work off the clock? They may have tried to make you come in early without punching in or tried to make you stay and work after you had already punched out. These and a host of other related work practices are all too common in the state of California.

Can a boss make you work off the clock?

It is absolutely illegal for a company owner or supervisor to make you work off the clock. Doing so is a violation of existing California employment law. You can’t be made to come in extra early or stay late without being fully compensated. You also can’t be promised any kind of “independent contractor” status for being off the clock.

The Supreme Court of California has ruled that you must be paid for every hour that you have worked. This includes any hours that your employer may try to classify as “off the clock.” You have the right to bring your case to the state’s attention without fear of retaliation.

What can you do to stop it?

Being forced to work off the clock is a clear violation of state regulations. There are a number of things that you can do to stop this practice. You should first report the incident to your HR department. You may also wish to speak directly to the owner of the company.

If these measures lead to no result, you may have to go further. Since these actions are a clear violation of employment law, you may need to file a case with the U.S. Department of Labor. This may result in you going to court in order to get your issue fully heard and addressed.