Wage & Hour Violations · California & New York
Off-the-Clock Work Attorney
Dealing with a off-the-clock work issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Off-the-Clock Work Scenarios
Your Employment Rights in California & New York
If you have experienced off-the-clock work, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Off-the-Clock Work FAQ
What counts as compensable work time?
Under both California and federal law, all time an employer "suffers or permits" you to work is compensable. This includes pre-shift and post-shift activities integral to your job, mandatory training, travel time between job sites during the workday, security screenings (under California's Frlekin v. Apple), and time spent on-call under certain conditions.
Is checking email at home considered working?
Yes, if your employer requires or expects you to monitor and respond to communications outside work hours, that time is compensable. Under the FLSA and California law, de minimis tasks may be excluded only if they are truly negligible. Regular email checking, even for short periods, accumulates and must be paid. Track the time you spend on after-hours work communications.
My employer says I should have clocked in — is that a valid defense?
No. If the employer knew or should have known you were working, the time must be paid regardless of whether you clocked in. Under the FLSA and California law, the employer has a duty to track and pay for all hours it "suffers or permits" to be worked. An employer cannot benefit from off-the-clock work while claiming ignorance.
How do I prove off-the-clock work if there are no time records?
You can use personal records, notes, calendars, text messages, emails, GPS data, security badge records, coworker testimony, and any other evidence showing when you actually worked. In California, when an employer fails to maintain accurate time records, the burden shifts to the employer to disprove the employee's reasonable estimate of hours worked (Hernandez v. Mendoza).
Other Wage & Hour Violations Claims We Handle
Latest Articles
$2.25M Walmart Wage Settlement: Third Time's the Charm
Federal judge finally approves $2.25M Walmart wage settlement after two rejections. Learn about wage theft class actions and your rights in California and New York.
$9M California On-Call Wage Settlement: Major Worker Victory
$9 million settlement for California refinery workers denied on-call pay highlights major wage violations. Learn your on-call wage rights in CA and NY.
DOL Restores Overtime Rules: What CA & NY Workers Need to Know
The Department of Labor restores key overtime exemption regulations for white-collar workers. Learn how this affects your overtime pay rights in California and New York.
$24.75M Grubhub Settlement: Major Win for Misclassified Drivers
Grubhub's $24.75M driver misclassification settlement implications: precedent for future gig worker cases, stronger AB5 enforcement, and what this victory means for your worker rights and protections.
Minimum Wage Laws 2024: State-by-State Compliance Guide for Workers
Complete guide to minimum wage laws across states in 2024. Learn your rights, exemptions, and how to report violations with actionable steps for workers.
Overtime Pay Laws in California and New York: What Employees Need to Know
Complete guide to overtime pay laws, rates, and exemptions in California and New York. Learn when you're entitled to overtime compensation and how to claim unpaid wages.
Get Your Free Off-the-Clock Work Case Review
Find out if you have a case — no fees unless we win.
Free consultation. No obligation. We don't charge unless you win.