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Working Off the Clock in California? You Could Be Owed Thousands

Overtime pay -what are you owed if you work off the clock?

Are you aware that if your employer has required—or even permitted—you to work without pay, you might be eligible for thousands in back wages and penalties? California has some of the strongest wage laws in the country, and employers who fail to pay for all hours worked could owe you big time.

What Counts as Off-the-Clock Work?

Off-the-clock work happens when you perform job duties but are not paid for that time. Common examples include:

  • Answering work calls or emails outside of shifts.
  • Completing tasks before clocking in or after clocking out.
  • Working through unpaid meal breaks.
  • Attending mandatory meetings or training without pay.

Under California law, all hours worked must be compensated, including overtime for hours beyond 8 hours in a day or 40 regular hours in a week.

Key Aspects of California Overtime Laws

In California, overtime pay is calculated at a higher rate than regular hours. Employees must be paid 1.5x their regular rate for hours worked beyond eight in a day or 40 in a work week. This is also known as time and a half. Employees working over 12 hours in a day, or over eight hours for seven consecutive days, should receive 2x their usual rate, also known as double time.

Other key aspects to keep in mind include:

  • Exemptions: Certain employees, such as executives, may be exempt from overtime pay in some situations.
  • Pay rates: Overtime rates should include any bonuses, commission, or other forms of compensation, in addition to the hourly wage.
  • Meal and rest breaks: Employees are entitled to meal and rest breaks according to their hours worked, which should be factored into overtime calculations.
  • Alternative schedules: Some workers use alternative schedules, such as working four 10-hour days instead of five eight-hour days. They may still be eligible for overtime.

Your Rights and Potential Compensation

An employer can violate workplace laws by asking employees to work overtime and failing to pay them for that time, or by knowingly allowing them to work off the clock without compensation. If your employer has violated these rules, you could recover:

✔ Back pay for unpaid hours.
✔ Overtime wages (1.5x or 2x pay, depending on the hours and the specific times worked).
✔ Penalties (e.g., if you are a former employee, penalties of up to 30 days’ wages).

Your potential compensation from a legal action will depend entirely on the circumstances of your case. Contact us at Bisnar Chase to learn more.

What Should You Do?

Successful legal action depends on proving that a violation of your rights as an employee has occurred. You can take the following steps to help us build your case:

  1. Document everything: Save texts, emails, or notes about unpaid work.
  2. Report the issue: Notify HR or management in writing.
  3. Take legal action: Consult an experienced wage and hour employment lawyer at Bisnar Chase. You could also file a wage claim with the California Labor Commissioner.

Don’t Let Your Employer Get Away with It

Many workers don’t realize they’re owed money. But if you’ve worked off the clock, you deserve to be paid. There are too many employers out there who skirt the law, refusing to pay employees fully for the hours they have worked or altering timecards to avoid paying overtime.

Contact us at Bisnar Chase for a free consultation to find out if you have a case. Our dedicated employment law department has recovered millions of dollars for wronged employees across California.

Picture of Javier Ruiz

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.

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