Off-the-Clock Work in Pasadena

What Counts As Off-the-Clock Work in California?

California IWC Wage Orders generally define “hours worked” as time when an employee is subject to employer control or is “suffered or permitted to work.” The latter phrase means the employer knew or should have known the employee was working, even if it didn’t expressly require the task.

Potential examples of compensable work include:

• Setting up a workstation or equipment before a shift.
• Attending required pre-shift or post-shift meetings.
• Completing documentation after clocking out.
• Responding to work-related calls, texts, or emails outside recorded hours.
• Waiting for or completing employer-required bag checks.
• Participating in unpaid training that meets California’s hours-worked standard.

A rule against unauthorized overtime doesn’t necessarily eliminate an employer’s obligation to pay for work it knew or should have known was performed. An inaccurate timecard, or even an employee’s agreement to work without pay, generally doesn’t waive the right to legally required wages.

Regularly Occurring Minutes Can Still Matter

In Troester v. Starbucks Corp., the California Supreme Court declined to apply the federal de minimis doctrine to regularly occurring minutes of uncompensated work. This federal principle can disregard very small amounts of otherwise compensable time. Under California law, regularly performed closing or administrative tasks may remain compensable even when each instance takes only a few minutes.