Some California workers accept employment on a salary basis. They received the same amount of pay whether they work 35 hours or 48 hours on any given week. Many other employees receive hourly pay. Their wages fluctuate from week to week based on how much time they spend working.
Hourly workers in California have numerous legal protections. They generally have a right to receive full payment for all the time they commit to their jobs. However, employers have an interest in minimizing the wages they pay and often try to find ways around those rules. For example, they may instruct workers to perform certain tasks when they are technically not on the clock.
Such practices might include requiring that one worker respond to emails in the evenings or field customer calls over the weekend by forwarding company calls to their personal mobile phone. Other businesses require that workers remain nearby and available on standby in case the company has to call them in for a shift.
Is it legal in California for employers to require work without compensation from an hourly employee?
Hourly employees get paid for all time worked
Federal laws about wages give employers wiggle room to demand certain tasks from workers without compensation. However, the standard in California is substantially stricter. There have been multiple lawsuits in the California court system that have resulted in rulings that favor employees. California does not adhere to the de minimus rule that allows companies to demand minor tasks from workers without pay. Instead, they deserve compensation for all time worked if they receive pay on an hourly basis.
If a worker has to field phone calls or answer emails when they are off the clock, then they deserve pay for that time. The same is true of scenarios in which workers must be available on a standby or on-call basis. In a scenario where a worker must be available to come in as needed, the company should pay them at least minimum wage for the time when they need to be available to answer their phone and come in to accept an unscheduled shift.
Those performing actual work while off the clock may have a right to their usual hourly wage or even overtime wages depending on their schedule for the week. In scenarios where employers do not abide by those rules, workers may have the option of pursuing a wage and hour claim to obtain the compensation previously denied to them.
Learning more about how California’s employment laws protect workers from company abuses can help hourly employees stand up for themselves. No one should have to perform work without wages as an hourly employee in California.