Advantage Advocates

Unpaid Work Hours

Unpaid Work Hours

Unless you are an independent contractor or are properly classified as exempt, you are entitled to your hourly wage for all time spent on performing work on behalf of your employer or under its control. This includes work performed outside of your usual work schedule, work performed at home, and time spend traveling on company business. Your employer might be failing to pay you for all hours of work if you perform duties before clocking in or after clocking out, including setup or closing tasks. Your employer also might be failing to pay you for all time worked if it rounds your time punches to the nearest quarter hour or tenth of an hour, rather than paying you to the minute, or requires you to undergo a security check when you are not clocked in.

Your employer is required to pay you for on-call time if you are not free to engage in personal activities when on call.

Your employer may be failing to pay reporting time pay. This pay is due if you report for work and are either not put to work, or are sent home before working at least half of your usual or scheduled day’s work. California law requires your employer to pay you for half of your usual or scheduled day’s work, of no less than 2 hours and no more than 4 hours. If you are required to contact your employer by call, text, or computer to determine if you have to work or be on-call, this can trigger an employer’s requirement to pay reporting time pay.

Enforce your rights.

Protect your livelihood.