Working Off the Clock

Being “on the clock” refers to the days when employees used a clock to log their work hours for payment purposes, a practice that has become less common in the digital era. Therefore, work “off-the-clock” is work or tasks performed outside of regular hours for which an employee does not receive compensation.

Many disputes involving working off-the-clock claims hinge on whether the employer requires tasks to be performed outside normal working hours. Examples of off-the-clock work that employees are commonly asked to perform include:

• Set up and Break Down: An employer may require staff to work before or after a location opens to set up equipment at a job site, clean up a site after the workday is over, or move or store equipment before or after a shift.
• Unpaid Work for Administrative Tasks: An employer may request that corrections be made at the end of the workday, knowing the work can’t be completed during the regular shift. 
• On-Call Wages: In many states, non-exempt employees are also entitled to receive standby or on-call pay.  In California, employees may receive at least minimum wage for hours spent on call.
• Extension of Working Hours: Employers may attempt to consider the tasks an employee cannot complete during a shift as “unpaid” work, even when employees are given more duties than they can reasonably handle during their workday. Employees also must be compensated for work done during a meal or rest break.

Tasks like these are a normal part of many business operations, but legal issues arise when employers refuse to pay workers for the time required to perform these tasks.