Recently, Cheesecake Factory and other defendants agreed to pay a $1 million settlement after being accused of forcing janitors in their restaurants to do work after they clocked out. In that case, the janitors finished their eight-hour shifts and were routinely given a list of tasks they had to complete before going home. They were clocked out and were not being paid overtime for that work. Rather than admit fault or go to trial, Cheesecake Factory and the other defendants agreed to a settlement.
In Palm Springs and across California, it’s illegal for employers to require or allow employees to work off the clock. Yet it still happens in many workplaces. Employees are asked to stay late to finish up tasks, answer emails or calls after hours, or to clock out before cleaning up, like in the Cheesecake Factory case. This may lead to you not getting paid your correct regular or overtime pay.
If you’re working off the clock in Palm Springs, you may be entitled to back pay that you are owed. You also have rights under California law to stop this practice without fear of retaliation. At Yoosefian Law Firm, P.C., we help employees fight back and recover the wages they’re owed.
What Is “Off the Clock” Work?
“Off the clock” means you are not being paid for the time you are doing your job. A few common examples of off the clock work:
- Being required to show up early to prepare for your shift without pay
- Staying late to finish work, but not being allowed to report the time
- Clocking out but still being told to work
- Answering calls or emails outside of regular hours
- Working through breaks without compensation
- Attending unpaid meetings before or after your shift
It doesn’t matter if an employer tells you that it’s part of the job. Under California employment law, hourly workers must be paid for every hour they work. That includes time worked before or after scheduled shifts.
Why Off the Clock Work Happens
Unpaid work often results from pressure to meet deadlines, keep customers happy, or avoid upsetting supervisors. Companies may have a culture where employees are expected to “go the extra mile” without pay. Or they may be understaffed or poorly managed.
In Palm Springs, workers in hospitality, retail, and healthcare jobs are more likely to see wage theft. These industries often rely on hourly workers who may fear speaking up. Employees may feel like they have no choice, and they are worried that they will lose their jobs or miss out on promotions if they object.
But it’s not your responsibility to donate your time. California law is clear. If your employer knows or should know that you’re working, they must pay you. That includes any time you work off the clock.
What California Law Says
California labor laws provide strong protections for employees. The law requires that all hours worked must be paid. That includes:
- Time spent performing tasks before or after shifts
- Work done during unpaid meal periods or rest breaks
- Off-site work done at home or elsewhere
The California Labor Code also makes it illegal for employers to pressure or allow employees to work without compensation. It doesn’t matter if you volunteered or were told not to record the time. If your employer benefited from the work, they are responsible for paying you.
You may also be entitled to:
- Unpaid wages
- Interest on the unpaid wages
- Penalties for labor law violations
- Legal costs and attorney’s fees
If the unpaid time pushes your hours beyond 8 in a day or 40 in a week, you could also be owed overtime.
What to Do If You’ve Worked Off the Clock
If you suspect your employer isn’t paying you for all your work hours, take these steps:
- Keep a record. Write down your hours, tasks performed, and any communication with your employer about your schedule.
- Save messages. If you’re being asked to work off the clock through texts or emails, keep those.
- Talk to a lawyer. Don’t try to handle the issue alone. An employment attorney can help you understand your rights and options.
It’s also important to act quickly. There are time limits for recovering unpaid wages. In California, the statute of limitations for most wage claims is three years, but can be extended to four years in some cases. But waiting could make it harder to gather evidence and to prove your case.
Retaliation Is Illegal
Many workers worry that speaking up will cost them their job. But retaliation for reporting wage violations is against the law. If your employer punishes you in any way, from cutting hours to termination, you may have a separate claim for retaliation.
At Yoosefian Law Firm, we’ve seen how employers try to silence workers. We’ve also helped many clients stand up, fight back, and recover what they’re owed.
How Employers Try to Avoid Paying for Off-the-Clock Work
Some employers try to get around the law by using subtle tactics. They might tell workers to clock out before closing duties are done. Or they may rely on “unwritten policies” that discourage reporting certain hours. In some cases, managers may alter time records to cut costs.
These actions are illegal. California law doesn’t allow employers to avoid paying wages by shifting blame or hiding behind unclear rules. If your employer knows or has reason to know that you’re working, they’re required to pay you.
What You Can Recover in a Wage Claim
If you’ve been working off the clock, you may be able to recover more than just unpaid wages. Depending on your case, you might also be entitled to:
- Overtime pay for any extra hours worked
- Penalties for missed meal and rest breaks
- Waiting time penalties if you left the job and weren’t paid in full
- Interest on the unpaid wages
- Attorney’s fees and legal costs
An employment attorney can help you calculate the full value of your claim and determine whether your employer violated other wage laws.
Why Choose Yoosefian Law Firm
Our firm represents workers across California, including Palm Springs and the Coachella Valley. We focus on employment law and understand the specific rules that protect hourly workers in this state.
We are a full-service employment law firm, and handle cases involving:
- Unpaid wages and overtime
- Off-the-clock work
- Misclassification as independent contractors
- Meal and rest break violations
- Retaliation and wrongful termination
If your case crosses into different areas of employment law, we have you covered. We have seen it all.
How Do You Pay An Employment Lawyer?
We work on a contingency fee basis. That means you pay nothing unless we win. Your consultation is free, and everything you share is confidential.
Our goal is simple. We want to help you recover what you’ve earned and stop wage abuse in the workplace.
Speak with an Employment Lawyer Today
If you’ve been working off the clock in Palm Springs, you may be entitled to back pay and more. Don’t let your time go unpaid. California law is on your side, and Yoosefian Law Firm is here to help.
Call us today for a free, private consultation. Let’s talk about your rights and how we can protect them.
Call 818.275.1529 or fill out our online contact form to schedule your free consultation.