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California Employment Law Blog

Are You Getting Paid for All Your Working Time?

Posted by Bryce Fick | Mar 12, 2025 | 0 Comments

An analog punch clock used for clocking in and out that is mounted to a bulletin board

Many California workers may be missing out on wages they've rightfully earned because their employers aren't properly counting all their "hours worked." Under California law, the definition of compensable work time is broader than many employers acknowledge, and workers are entitled to be paid for all time they are under their employer's control.

What Counts as "Hours Worked" in California?

California generally defines "hours worked" as "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so."

This definition is important because it means you should be paid not just for the time you're actively performing job duties, but for all time you're sufficiently under your employer's control.

Common Examples of Unpaid Working Time

Here are several situations where California employees may not be properly paid:

1. Security Screenings and Bag Checks

Generally, if your employer requires you to go through security screenings or bag checks before leaving work, this time should be compensated. You're still under your employer's control during these mandatory procedures, even though you're not performing your regular job duties.

2. Donning and Doffing Uniforms or Protective Equipment

If you're required to put on or take off specialized uniforms, safety gear, or other equipment at your workplace, this time is likely hours worked and should be paid.

3. Setup and Cleanup Time

Time spent setting up your workstation before your shift officially begins or cleaning up after your official end time should likely be compensated. This may include booting up computers, preparing equipment, or organizing materials needed for your job.

4. Required Training and Meetings

Mandatory meetings, training sessions, or workshops required by your employer count will in all likelihood count as work time, even if they occur outside your regular schedule or during lunch breaks.

5. Travel Time Between Work Sites

If your job requires you to travel between different work locations during the day, this travel time is generally compensable (though normal commuting to and from work typically isn't).

6. On-Call Time

Depending on the restrictions placed on you during on-call periods, this time may be compensable. Usually, if you're so restricted that you can't effectively use the time for your own purposes, you may be entitled to payment.

7. Unauthorized Overtime

Even if your employer has a policy against working overtime without approval, if they know (or should know) you're working extra hours and don't stop you, i.e. permit you to work, they're generally required to pay you for that time.

8. Working Through Meal Breaks

If you're not completely relieved of all duties during your meal break (such as answering phones or monitoring equipment), this should likely be paid and with an additional premium hour paid if your employer and you have not agreed upon a valid 'on-duty' meal agreement. 

9. Split Shift Premiums

If your workday is divided into two or more segments with unpaid time in between (beyond a normal meal period), you may be entitled to a "split shift premium" equal to one hour at the minimum wage.

10. Reporting Time Pay

If you report to work as scheduled but are sent home early or not given work, you're generally entitled to reporting time pay of at least half your scheduled shift (but no less than two hours and no more than four hours).

What Can You Do If You're Not Being Properly Paid?

If you believe your employer isn't properly paying you for all hours worked:

  1. Document your work time accurately and independently from your employer's timekeeping system
  2. Review your pay stubs to identify missing compensation
  3. Consider raising this issue with your supervisor, Human Resources Department, or another person who is responsible for remedying the lack of pay, preferably do this in writing and document exactly when you told your employer
  4. If you raise the issue with your employer and the employer takes any adverse action against you because of or possibly because you raised the issue, remember to document communications and any adverse actions taken against you. Get whatever you can in writing from your employer.
  5. Consider consulting with an employment attorney who practices representing employees in wage and hour claims

California's wage and hour laws provide strong protections for workers, including potential penalties for employers who fail to properly pay for all hours worked. Depending on your specific situation, you may be entitled to recover unpaid wages, interest, and in some cases, additional penalties. Remember that many employees are likely in the same situation, and speaking up not only helps you recover what you're owed but can also help correct widespread practices that affect your coworkers.

About the Author

Bryce Fick, Esq.
Bryce Fick

  Bryce Fick is an Associate Attorney at Castle Law: California Employment Counsel, PC, where he practices employment law. He is admitted to practice in the State of California and the Federal District Courts for the Eastern, Central, and Northern Districts of California. Prior to j...

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