Working Off The Clock
If you’re working more than the scheduled hours, you have to be paid overtime. The local California laws ensure that employees do not have to work for more hours than they are paid for. However, some companies do not follow these regulations in its true sense. For instance, the labor laws indicate that you cannot work more than your scheduled time to finish your ‘closing duties’. The meaning of closing duties has been given a wide definition, and includes everything from having to change your uniform or having to complete your job in any way when your working hours have been clocked out.
Know Your Employee Rights
If you’re working more than the scheduled hours, you have to be paid overtime. The local California laws ensure that employees do not have to work for more hours than they are paid for. However, some companies do not follow these regulations in its true sense. For instance, the labor laws indicate that you cannot work more than your scheduled time to finish your ‘closing duties’. The meaning of closing duties has been given a wide definition, and includes everything from having to change your uniform or having to complete your job in any way when your working hours have been clocked out.
Know Your Employee Rights
So, if you are working off the clock, there are some things that you should know. First, you need to document that your employer has been forcing you to carry out these duties after your hours has ended. A good way to do this would be to video record it. If you cannot use your smart phone to video record the ordeal, you can also use the voice recording feature. This can act as a proof against your employer, when you bring up the case later on.
What Constitutes Off The Clock Work?
Working off the clock that is not paid for is illegal, and some of the common examples of working off the clock are as follows.
– Having to perform administrative tasks after normal working hours.
– Reworking on a project after work, without any pay.- Waiting for work when one work is complete, and the next work isn’t immediately available. The time in between is to be counted in the working hours.
– Preparation time, like setting up a restaurant in the morning, is to be included in the working hours.
Document Properly
If you cannot video or audio record the event, use documents to prove that you were being forced to work overtime. The labor laws exist to protect California employees from abuses at work. In case you’re having to work apart from your normal hours, you are entitled to double pay after 12 hours of work in a day. Furthermore, the minimum rate cannot be less than $9, which is the minimum wage in California. At the very least, employers are required to pay at least one and a half times the salary if there is overtime, which is more than 8 hours a day, or more than 40 hours a week.
It is very important that you document the events properly. Some of the Californian labor laws may be more complicated than you think – do not worry, we would be able to help you with all that you need to get a fair compensation. After you’ve documented the evidence, give us a call, and we would help you to proceed with your case.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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