Work isn’t just clocking in at your desk or factory floor. It also includes any time you’re performing tasks for your employer, whether at home, in the car or on vacation. Are you responding to work emails, taking phone calls or completing assignments outside your scheduled hours? That’s work, and you deserve to be paid.

Here’s what you can do if you are working off the clock without getting paid in California.

Keep records

The first step is to document everything. Start by keeping detailed records of your work hours, including when you start and stop working, any breaks you take and time taken working outside your scheduled hours. Remember to save emails, text messages or any other proof that shows you were asked or required to work off the clock. Such documentation can be crucial if you need to file a claim or take legal action.

Speak up

If you’re comfortable, address the issue directly with your employer. Calmly explain that you’ve been working off the clock and you’d like to be paid for that time. Sometimes, employers are unaware they are violating labor laws. If possible, put your request in writing for documentation purposes. Should your employer refuse to pay you or retaliate against you for speaking up, that’s a red flag and it is illegal.

Assert your legal rights

If your employer doesn’t resolve the issue, you may take the issue further by filing a claim with the Division of Labor Standards Enforcement (DLSE). They can investigate your case and help you recover unpaid wages, including overtime. 

Your time is valuable, and the law recognizes that. Seeking legal guidance can help you build a solid case and explore your options.