In California’s fast-paced work environment, especially in industries like tech, healthcare, retail, and law, staying late at work is often seen as a badge of honor, or is simply the norm.
But while putting in extra hours may seem routine, it can raise a crucial legal question: Are you entitled to pay for staying late at work in California?
What Are California Wage and Hour Laws?
California’s labor laws are among the most employee-friendly in the country. The key legislation governing them is outlined in the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders, which explains the rights for various industries and job types.
As a result of the state’s commitment to protect workers rights, the state goes beyond federal standards by offering more robust protections for workers, especially when it comes to overtime pay, meal and rest breaks, and wage theft enforcement.
Are You Entitled to Pay for Staying Late?
Under California law, all employees must be paid for all hours they have worked, even if the time was not pre-approved by their employer. According to the California Department of Industrial Relations (DIR), “hours worked” includes:
- All time an employee is subject to the control of an employer.
- All time an employee is suffered or permitted to work, regardless of whether they are required to do so.
This means if you stay after your shift to complete a task, respond to emails, or help a customer, you must be compensated even if you weren’t directly told to do so.
Who Is Eligible for Overtime?
To qualify for overtime under California law, you must be classified as a non-exempt employee. Most hourly workers – and some salaried employees such as retail/restaurant workers, office workers, healthcare employees, and manual laborers – fall under this category.
In comparison, exempt employees, such as executive, administrative, or professional workers who meet specific salary and duty requirements, are not entitled to overtime pay. However, misclassification is common, and some “exempt” employees may actually be owed overtime if their duties don’t meet legal standards.
Is Pre-Approval Required?
In California, employers are legally required to pay for all hours worked, even if they didn’t approve the extra time in advance. If your employer knew, or should have known, that you were working late, they are obligated to pay you.
However, it is important to note that even if employers cannot refuse to pay employees for overtime, they can discipline employees for working unauthorized overtime. In such an event, employees may face grounds for termination if they are consistently working unauthorized overtime.
What If You’re Working Off the Clock?
Whether you are doing something that is considered ‘minor’ or not, working off-the-clock is illegal in California. In fact, some of the most common examples include:
- Finishing tasks after clocking out
- Checking emails or taking calls at home
- Waiting for security checks before leaving
- Setting up before your shift officially starts
If your employer is not paying you for all work duties, you may be entitled to back wages, penalties, and possibly attorney’s fees under California labor laws.
Can You Be Forced to Stay Late Without Pay?
There are typically no circumstances where an employee can be forced to stay late without pay. California wage laws make it very clear that if you are working at a place of business, you must be paid for the hours you have put in.
In fact, there is no such thing as ‘voluntary unpaid work’ and if your employer tells you to clock out and keep working, this strongly suggests signs of wage theft. If you or someone you know is a victim of wage theft, it is vital to hire an employment attorney so they can protect your rights and ensure your employer is held accountable for their improper actions.
What To Do If Your Boss Doesn’t Pay You for Working Late?
Staying late at work can happen to anybody, but in California, it should never happen for free. Whether you’re working 15 minutes late or several extra hours, state law requires employers to pay you fairly for all your time – and that includes overtime and double time. If your boss makes you stay late and doesn’t compensate you for your time, you can file an employment claim and get the backpay you deserve.
Lawyers for Justice, PC (LFJ) is an employment law firm with over a decade years of experience. The team of attorneys understand the subtle nuances of wage theft and can help you with your claim. With an established and proven track record of securing fair compensation and delivering justice, the legal team at LFJ can craft a personalized legal strategy to ensure justice is served.
Contact us today (818) JUSTICE or by filling out our online contact form for a free consultation!