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Off-the-clock work happens when an employee performs job-related duties without being paid for that time. It can involve seemingly small tasks, such as closing a store after clocking out, responding to work emails at home, or preparing for a shift before officially clocking in.
In California, even a few unpaid minutes can add up to significant lost wages. Below, we explain what counts as compensable work, when employers must pay for off-the-clock tasks, and what employees can do if they have not been paid for all their hours.
Is Off the Clock Work Legal in California?
Generally, no. California employers must pay non-exempt employees for all hours worked, including qualifying work performed before clocking in or after clocking out. Under California’s wage orders, including Wage Order 4, hours worked include time an employee is subject to the employer’s control or is suffered or permitted to work. This means employers generally must pay for work they know or reasonably should know is being performed, even if the employee did not record the time. In Troester v. Starbucks Corp. (2018), the California Supreme Court rejected the employer’s attempt to disregard regularly occurring unpaid minutes spent performing closing tasks after clocking out.
Legally Reviewed By:
Associate Attorney
Danielle Langella is an Associate Attorney at Abramson Labor Group, where she helps California employees stand up for their rights at work. Before joining ALG, Danielle worked at Good American as a Marketing Coordinator and Assistant to the Brand Director,…
You may be performing unpaid off-the-clock work if you regularly:
If any of these situations sound familiar, you may be entitled to additional wages under California law.
In California, whether you’re clocked in is not the deciding factor. What matters is whether the time qualifies as hours worked under state law.
Under Wage Order 4, § 2(L), hours worked include:
These are independent grounds for determining compensable time. In Frlekin v. Apple Inc. (2020), the California Supreme Court confirmed that time may qualify as hours worked under either standard.
Certain employees, including healthcare workers covered by specific wage-order provisions, may be subject to different definitions of hours worked.
| Situation | Is the Time Usually Paid? | Why? |
|---|---|---|
| Completing closing tasks after clocking out | Yes | Required or permitted work must generally be compensated. |
| Waiting for a mandatory workplace bag or security check | Yes | Employer-required screenings may count as time under the employer’s control. |
| Working through an unpaid meal break | Yes | Time spent performing job duties is compensable, even during a scheduled meal period. |
| Remaining on call at the workplace | Generally yes | Employees are typically subject to the employer’s control while required to remain on-site. |
| Being on call at home | Depends | Whether the time is compensable depends on the restrictions imposed and the applicable legal standard. |
| After-hours emails and texts | Often | Time spent performing work may be compensable when the employer knows or should know it is occurring. |
Yes. Even a few minutes of unpaid work can count under California law.
In Troester v. Starbucks Corp. (2018), an employee regularly spent several minutes completing closing tasks after clocking out. The California Supreme Court held that employers cannot rely on the federal de minimis rule to avoid paying for off-the-clock minutes required on a regular basis.
The court left open whether exceptionally brief or irregular periods of work might be treated differently in certain circumstances.
Suppose you earn $20 per hour and work five eight-hour shifts each week. After clocking out, your manager requires you to spend another 10 minutes completing closing tasks.
Because you’ve already worked eight hours that day, those additional minutes generally qualify for overtime under California law.
| Step | Math | Result |
|---|---|---|
| Overtime rate (time after your 8th hour) | $20 x 1.5 | $30 an hour |
| Unpaid time per week | 10 minutes x 5 shifts | 50 minutes |
| Unpaid pay per week | 50/60 of an hour x $30 | $25 |
| Per year (50 working weeks) | $25 x 50 | $1,250 |
| Over 3 years | $1,250 x 3 | $3,750, before interest |
That’s $3,750 in unpaid overtime over three years, before any applicable interest or additional remedies.
Under California Labor Code § 510, most non-exempt employees are entitled to overtime pay for qualifying work exceeding eight hours in a workday or 40 hours in a workweek. Our article on California overtime rules covers how those limits work. The same math applies near the state minimum wage, which is $16.90 an hour in 2026, according to the Department of Industrial Relations.
Time spent waiting for and completing mandatory workplace security checks may count as paid working time.
In Frlekin v. Apple Inc. (2020), the California Supreme Court held that employees were entitled to compensation for time spent undergoing Apple’s required exit searches. This included searches of personal bags and devices employees chose to bring to work.
The court focused on the employer’s control over employees during the screening process. When an employer requires workers to remain on-site and complete an exit inspection, that time may qualify as compensable work.
California requires employers to provide eligible non-exempt employees with an uninterrupted, duty-free 30-minute meal period.
If you perform work during an unpaid meal break, your employer generally must compensate you for that time. Under Wage Order 4, § 11, an employer’s failure to provide a legally compliant meal period may also entitle you to an additional hour of pay at your regular rate of compensation.
However, if your employer fully relieved you of duty and you chose to keep working, it generally does not owe the extra hour of pay. It may still owe pay for the time you worked if it knew or reasonably should have known, according to the California Supreme Court in Brinker Restaurant Corp. v. Superior Court (2012).
Learn more about unpaid breaks and additional compensation in our guide to California meal and rest break violations.
Being on call does not always mean you are off the clock.
According to the California Labor Commissioner’s guidance on standby time, time spent waiting at a workplace while required to remain available for duties generally counts as hours worked.
On-call time away from the workplace depends on how much control your employer exercises over your activities. Restrictions on your location, response time, and ability to use the time for personal purposes may affect whether the time is compensable.
Certain employer-required travel arrangements may also count as paid working time, including situations where employees must report to a designated location and use employer-provided transportation to reach a job site.
Work-related communications outside your scheduled hours may also count as compensable time.
In Brinker, the California Supreme Court noted that liability for off-the-clock work depends on proof the employer knew or should have known the work was occurring, even when the employee has not clocked in.
For example, if your manager regularly sends work-related messages after hours and expects you to respond, the time you spend handling those communications may qualify as paid work.
Even short tasks can add up, particularly when they occur repeatedly.
Employers may offer different explanations for why certain work hours were not paid. However, many of these explanations do not eliminate an employee’s right to compensation under California law.
| What your employer says | What California law says |
|---|---|
| “You never got approval for that time.” | Employers generally must pay for work they know or reasonably should know is being performed, even if it was not authorized in advance. |
| “You agreed to stay late.” | Employees cannot waive their right to legally required minimum wages or overtime compensation. Labor Code § 1194 protects these rights regardless of an agreement to accept less. |
| “It is only a few minutes.” | Regularly occurring unpaid minutes must still be paid under Troester. |
| “You are on salary.” | Receiving a salary does not automatically make an employee exempt from overtime. Most white-collar exemptions require specific job duties and a minimum salary. |
| “We have no record of that time.” | Employers must maintain required time records. When records are inaccurate or missing, employees may be able to establish unpaid work through reasonable estimates and supporting evidence. |
Under Wage Order 4, § 1(A), certain executive, administrative, and professional exemptions require employees to satisfy both a duties test and a minimum salary requirement.
For 2026, the minimum annual salary for these exemptions is $70,304, based on twice California’s statewide minimum wage for full-time employment, according to the Department of Industrial Relations.
Even if you earn more than this amount, your actual job duties determine whether an exemption applies. Other exemptions may have different requirements.
Learn more in our guide to hourly versus salaried employee rights in California.
If your employer regularly requires unpaid work or removes time from your records, our Los Angeles wage theft attorneys can help evaluate whether you may be owed additional compensation.
You do not need perfect time records to pursue a claim for unpaid off-the-clock work in California.
Employers are required to maintain accurate records of employees’ working hours. When those records are missing or incomplete, employees may use other evidence to establish how much unpaid work they performed.
In Hernandez v. Mendoza (1988), the California Court of Appeal recognized that an employee may establish the amount of unpaid work through evidence supporting a reasonable estimate. The employer must then produce evidence of the actual hours worked or evidence challenging the reasonableness of that estimate.
California’s CACI No. 2703 also addresses how juries may determine unpaid overtime hours when an employer has failed to keep accurate time records.
Evidence that may help prove off-the-clock work includes:
Even if your employer’s timesheets do not reflect every hour you worked, these records may help establish the unpaid time and wages you are owed.
No. California law prohibits employers from retaliating against employees for raising concerns about unpaid wages.
Under Labor Code § 98.6, employees are protected when they complain about unpaid wages, whether verbally or in writing, or exercise other protected wage-related rights.
If your employer reduces your hours, disciplines you, threatens you, or fires you because you reported off-the-clock work or pursued unpaid wages, you may have a separate claim for workplace retaliation.
If you believe your employer is not paying you for all the hours you work, taking these steps can help you document the unpaid time and protect your rights.
In California, employees generally have three years to pursue claims for unpaid minimum wages, overtime, and meal or rest break premiums, according to the California Labor Commissioner.
Some wage-related claims may have different deadlines. For example, certain claims brought under California’s Unfair Competition Law may have a four-year limitations period, while retaliation claims can have shorter filing deadlines.
Because unpaid work may occur repeatedly over time, waiting to take action could mean losing the ability to recover wages from earlier periods.
The deadline that applies to your situation depends on the type of claim and how it is pursued. Learn more in our guide to California wage claim deadlines.
If your employer requires you to work before clocking in, after clocking out, or during unpaid breaks, you may be entitled to compensation for that time.
Abramson Labor Group helps California employees evaluate unpaid wage and overtime claims, including cases involving inaccurate time records and workplace retaliation.
Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Generally, no. Under Labor Code § 1102.5(c), an employer cannot retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute. Labor Code § 98.6 also protects employees who complain about unpaid wages. If you were disciplined or fired after refusing unpaid work, consider speaking with an employment attorney.
Not to remove time you actually worked. Hours worked include all the time you are suffered or permitted to work, and covered employers must keep accurate time records under Wage Order 4. Your pay stub must also show the total hours you worked under Labor Code § 226(a), unless you are a salaried exempt employee. If your recorded hours are lower than the hours you worked, keep your own notes and pay stubs.
Salaried employees may be entitled to additional pay if they are classified as non-exempt. Receiving a salary does not automatically eliminate overtime rights. For 2026, California’s standard executive, administrative, and professional exemptions require a minimum annual salary of $70,304, along with specific job duties. Employees who do not qualify for an applicable exemption may be entitled to overtime compensation for additional hours worked.
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
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