If an Employer Forces You to Work off the Clock, You Have Rights

By: JML Law | January 26, 2018.
If an Employer Forces You to Work off the Clock, You Have Rights

When you accept a job, it’s more than reasonable to expect to be paid correctly and in accordance with California employment laws. Most employers can generally be trusted to keep matters above board and legal but, unfortunately, there will always be some who want to save money by operating less ethically. As you’ll know if you’re employed by an unscrupulous business owner, this is normally at the cost of the employee. If your employer is demanding that you work off the clock, and you feel you’re not being adequately rewarded for your hard work, an experienced Riverside wage and hours issue lawyer could hold your boss accountable for their actions.

What Counts as Working off the Clock

Working off the clock refers to any time you are asked, or forced, to work without receiving correct payment for your hours. For example, your employer may need extra work done but be unwilling to pay overtime. Maybe you’re getting paid for a set number of hours but actually, regularly work more. Some of the common cases our Riverside wage and hours issue lawyer encounters include:

  1. Work carried out before a shift officially starts, such as checking all safety equipment is in place or setting up a restaurant
  2. Work carried out after your shift finishes, perhaps cleaning the restaurant once all diners have left, making deliveries, or storing your tools and equipment ready for the next shift
  3. Completing paperwork or forms relating to your day’s work, after you should have left for the day
  4. Editing, amending, or redoing work, as requested by your manager, that does not fit in your normal working hours
  5. Being discouraged from taking any breaks you may be entitled to

Working off the clock can apply to salaried employees as well as those on an hourly rate – don’t be fooled into thinking you’re not entitled to overtime when you receive a salary. Some Riverside workers may be exempt under California white-collar worker laws, but you should generally receive overtime if you work more than 8 hours in a day or 40 hours in a week.

How Can a Wage and Hours Issue Lawyer Help

If you haven’t been paid as you should have been, a Riverside wage and hours issue lawyer could help you claim those lost earnings. Before a successful claim for working off the clock can be made, you must be able to provide evidence of:

  1. Working for your employer without the correct compensation
  2. Your employer’s knowledge that this work was being done, and when it was being done
  3. Your employer’s inaction in terms of either stopping you from working off the clock or making sure you were paid correctly for the additional hours

Our Riverside lawyers have extensive experience of dealing with wage and hours issue cases and could help you to raise a dispute. We can work with you to collect the necessary evidence of your employer breaching California employment laws and prepare a strong lawsuit on your behalf.

Employment law can be a very complex area, so contact us on 818-610-8800 to arrange a free consultation where we can determine if you have a work and hours issue case.

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