Can My Manager Make Me Wait to Clock In? Wage Laws for California Restaurant Employees

Jun 13, 2025 / Wage & Hour

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

You show up to your restaurant shift on time, ready to work, but your manager tells you to wait before clocking in. Maybe they’re waiting for the rush to start, or maybe they’re cutting costs. Either way, you’re there, in uniform, waiting, and not getting paid. While the practice of waiting for a shift to start is more common than it should be, it raises serious questions about wage theft, labor rights, and ultimately, “is it lawful for your manager to make you wait?”

Can Employers Make You Wait to Clock In?

California Labor Code 510 states that you must be paid for all the time you’re under your employer’s control or premises, even if you’re not actively performing job duties. If your manager tells you to show up at 4:00 p.m. for a 5:00 p.m. shift and you are expected to stand by, wait for instructions, or be ready to work, then you are working, and you must be paid for that time.

Denying payment for the waiting period may constitute wage theft, which is a serious violation under the California Labor Code. As such, if you are forced to wait before clocking in, you may be owed back pay and penalties.

Common Examples of Unpaid Pre-Shift Work in Restaurants

Restaurants are notorious for requiring unpaid pre-shift labor and while the intent may not always be malicious, the following scenarios are some of the most common situations where wage laws are technically being violated.

Being told to arrive early but “wait to clock in” until the floor gets busy
Helping with prep work like chopping vegetables or restocking supplies before the official shift starts
Standing by in uniform at the restaurant while a manager decides if you’re “needed” for your shift
Mandatory pre-shift meetings or briefings occurring off the clock
Changing into uniforms or handling required tasks before clocking in
Running errands or setting up equipment while off the clock
Having to clock in only when a customer arrives

California Labor Laws That Protect Restaurant Employees

1. California Industrial Welfare Commission (IWC) Wage Orders

The Wage Orders issued by the Industrial Welfare Commission apply to restaurants and food service establishments and part of those rules defines “hours worked” and outlines timekeeping and compensation requirements.

Wage Order No. 2, which governs the restaurant and hospitality industry, defines “hours worked” as any time during which an employee is subject to the control of the employer, or permitted to work, regardless of whether they are actually performing tasks. It means that even passive waiting time, like standing around in uniform, must be compensated.

2. California Labor Code § 1194

California Labor Code 1194 allows workers to file a legal claim to recover unpaid wages, plus interest and attorney’s fees. Given how victims of wage theft may likely be facing financial hardships, having the ability to sue for unpaid minimum wage or overtime, while recovering attorney’s fees and costs is a powerful deterrent against employer abuse.

3. California Labor Code § 226.7

According to California Labor Code 226.7, if being forced to wait for a shift affects your ability to take lawful breaks, your employer may also owe you premium pay for each missed break. The law outlines mandatory meal and rest breaks, and penalties for employers who violate these provisions. Considering how likely an employee’s meal break would be affected by some off-the-clock work, employers can be held liable for meal break violations for forcing their employees to delay or skip breaks.

What About On-Call Shifts or “Voluntary” Early Arrivals?

Some employers try to sidestep the law by claiming early arrivals are “voluntary” or how certain employees are only “on-call.” While it is a legal gray area, the argument still tilts in favor of the worker, because if your manager expects you to show up early “just in case,” or punishes you for not being there before your shift, your early arrival is not voluntary, instead it’s coerced or implied work.

Similarly, if you’re “on call” and required to stay nearby or respond within a short timeframe, courts could rule that the short timeframe is defined as compensable time depending on the restrictions involved. An example of the scenario can be seen in Troester v. Starbucks Corp. (2018), where the California Supreme Court ruled that even small amounts of unpaid time before or after shifts can violate wage laws.

What Can I Do If I’m Being Forced to Wait Off the Clock?

In many cases, wage theft in restaurants can lead to class action lawsuits especially if multiple employees are affected. If you and your coworkers are regularly required to wait before clocking in or perform unpaid tasks, you have legal rights and multiple ways to assert them:

Document the practice – Keep records of when you arrive, when you’re told to clock in, and what you’re asked to do in the meantime.
Talk to your manager or HR – Sometimes, employers are unaware that their practices are unlawful and bringing it up might fix the issue.
File a complaint with the California Labor Commissioner – You can report wage theft anonymously or file a formal claim for unpaid wages.
Speak with an employment attorney – If you’ve lost significant pay, an attorney can help you recover back wages, penalties, and potentially even punitive damages.

Can I Be Fired for Reporting Wage Violations?

Firing an employee for reporting wage violations to a manager or to the California Labor Commission is unlawful and is deemed as retaliation, as per California Labor Code § 98.6. In addition, employers disciplining or demoting their employees for filing wage claims can be held liable for retaliation and should it occur, affected employees can file a claim with an employment attorney to recover compensation in the form of reinstatement, lost wages, and backpay.

Your Time Is Valuable—and Protected by Law

If you’re a restaurant worker in California and your manager makes you wait to clock in, that’s likely a violation of wage law. Whether it’s five minutes or 30, your employer is required to compensate you for every minute you’re under their control. Don’t let wage theft go unchecked. The law is on your side, and resources are available to help you fight back against illegal wage practices. The lawyers at La Dama Justicia, powered by Lawyers for Justice, PC can help.