Did you know California employers steal $2 billion annually from low-wage workers alone through unpaid hours? If you’ve ever worked through lunch, answered off-duty emails, or been “on-call,” you might be part of this shocking statistic.
California’s employment laws are famously employee-friendly, but many workers don’t realize what legally counts as compensable time. This guide reveals the hidden work hours your employer might owe you—and how to claim them.
What Exactly Are “Hours Worked” in California?
Under California law, “hours worked” includes all time you are:
- Subject to your employer’s control.
- Suffered or permitted to work (whether required or not).
- Providing benefits to the employer.
This definition extends far beyond your scheduled shift. Landmark cases like Morillion v. Royal Packing Co. reinforce that employers must pay for all controlled time, including mandatory travel or waiting periods.
The Hidden Work Hours Employers Often Fail To Pay
Some key working hours often go unpaid by employers. The most common examples include:
Off-the-Clock Work
- Answering calls/emails after hours
- Pre-shift setup (logging in to systems, putting on safety gear, setting up a workstation).
- Post-shift closing duties (cleaning, reporting).
- Walking to designated break areas after clocking out for meal periods.
On-Call Time Compensation
California distinguishes between two types of on-call time: compensable or non-compensable. The chart below shows the factors that courts will weigh regarding the restrictions placed on an employee, and whether the employee is entitled to compensation as a result.
Is Your On-Call Time Compensable?
| Factor | Controlled (PAID) | Uncontrolled (UNPAID) |
| Location | Must remain on-premises or within a specific distance from workability. | Can be anywhere. |
| Response Time | Short (e.g., < 15 minutes) | Reasonable (e.g., 1+ hours) |
| Frequency of Calls | Frequent interruptions. | Rare calls. |
| Ability to Engage in Personal Activities | Severely restricted. | Time is fully usable for personal needs. |
Rest and Meal Breaks
- 30-minute meal periods: Must be completely duty-free. If you answer just one call from your employer or do any work for your employer during that time? That’s a violation and one extra hour of pay per violation.
- 10-minute rest breaks: Must occur near the middle of each 4-hour work segment. Missing one or interrupted by your employer? You’re owed one extra hour of pay.
Travel Time While Working
Compensable when:
- Driving between job sites (office → client).
- Traveling out of town for work during work hours.
- Mandatory travel in employer-provided vehicles.
Training and Meetings
Mandatory trainings and meetings must be paid.
Sleep Time (24+ Hour Shifts)
For live-in healthcare or security workers:
- 8 hours can be deducted ONLY if:
- A written agreement exists.
- An uninterrupted 5+ hour sleep period is possible.
- Adequate sleeping facilities are provided.
If you are interrupted by work, the entire sleep period becomes compensable.
The Staggering Costs of Wage Theft
We have seen many instances of employer wage theft. In some cases, employers may fail to compensate workers because they are unaware of the law. In other cases, they may try to save money by cutting corners and squeezing their employees.
Neither scenario is acceptable, and our job as employment attorneys is to ensure our clients are fully compensated for wage theft and unpaid expenses.
When we take action against an employer over unpaid wages, the penalties can include:
- Daily Penalties: $100-$200 per employee per pay period for initial/repeat violations.
- Back Wages: Up to 4 years of unpaid earnings + 10% interest.
- PAGA Fines: $100-$200 per employee per pay period paid to the state.
- Meal and Rest Break Premiums: One hour of wages for each day there is a meal break violation, and one hour of wages separately for each day there is a rest break violation.
Bisnar Chase Can Help with Unpaid Wage Violations
🛑 Don’t Let Your Paycheck Vanish!
If you suspect your employer is shorting your hours or not paying you for all of your hours worked, according to our guide, our employment lawyers can help.
At Bisnar Chase, we have a dedicated team focusing on labor issues, workplace violations, and employment class action. Our firm has a 99% success rate with more than $1 billion recovered for our clients, handling cases across California.
Bisnar Chase offers free, confidential case reviews. Find out in 10 minutes if you’re owed thousands in back pay:
📞 Call 800-561-4887 – No recovery = No fee. Every California worker deserves full pay for every minute worked.
Javier Ruiz
Javier R. Ruiz is a highly experienced class action paralegal with 16 years of service at Bisnar Chase, where he specializes in employment law, fighting for employees’ rights against workplace injustices. A skilled paralegal, he manages cases from inception through trial, drafting pleadings, coordinating discovery, and providing critical support in mediation, arbitration, and trial proceedings. With additional expertise in appellate work, Javier ensures meticulous attention to detail at every stage. Known for his dedication to clients and strong litigation skills, he is an invaluable member of the Bisnar Chase team, consistently delivering exceptional legal support and advocacy.
