Pay for All Time Worked

Getting Paid for Every Hour Under Your Employer’s Control

California law requires employers to pay for all hours worked, which means all the time you are under the employer’s control, including time you are permitted to work (i.e. whether or not you were required to do so). Small tasks before and after a shift, time spent waiting, and unpaid duties add up quickly, and California does not let employers write that time off as too small to count.

If you regularly perform work off the clock, or you are paid by the piece and are not paid for every hour, your rights may have been violated.

What Counts as Hours Worked

Under California law, hours worked means the time you are subject to the employer’s control, including all the time you are suffered or permitted to work. This is broader than the hours on your schedule. If your employer requires or knowingly allows you to work, that time must be paid, whether or not it was authorized in advance.

Common Off-the-Clock Violations

Unpaid work off the clock takes many forms. Common examples include:

• Pre-shift setup, such as preparing a worksite, loading or warming up a truck, or setting up equipment before you clock in
• Post-shift work, such as cleanup, closing tasks, or returning to another site to drop off equipment
• Administrative work done on your own time, such as paperwork, required meetings, reviewing records, or training
• Being required to redo work or correct errors without pay
• Waiting for work, or standing by when no work is immediately available
• Booting up computers, logging in, or completing security and bag checks before or after a shift
• Time rounding that consistently favors the employer

California Rejects the “Too Small to Count” Defense

In Troester v. Starbucks (2018), the California Supreme Court held that employees must be paid for small but regularly occurring amounts of off-the-clock time, rejecting the federal de minimis rule that lets employers ignore brief tasks. As the Court recognized, a few minutes each shift, repeated over months, is real money that the law requires be paid.

Piece-Rate Pay Plans

Workers paid by the piece must still be paid at least minimum wage for all hours worked in the pay period, not only for the productive tasks the piece rate covers. Under Labor Code section 226.2, employers must separately pay piece-rate employees for rest and recovery periods and for other nonproductive time, such as waiting between jobs, cleaning, stocking, or attending trainings. Many piece-rate plans fail this requirement, leaving workers unpaid for a meaningful part of their day.

What You Can Recover

If you were not paid for all of your time, you may be able to recover the unpaid wages plus interest. Depending on the facts, you may also be entitled to liquidated damages on unpaid minimum wages, waiting time penalties when wages are still unpaid after you leave the job, wage statement penalties, and civil penalties under the Private Attorneys General Act. The law may also require your employer to pay your attorney’s fees and costs.

You generally have three years to pursue unpaid wages under the California Labor Code, and up to four years when the claim is brought under the state’s unfair competition law. Because deadlines run from each underpaid paycheck and records are easier to gather early, it is best to speak with an attorney promptly.

Frequently Asked Questions

What does “hours worked” mean in California?

Hours worked is all the time you are under your employer’s control, including time you are suffered or permitted to work. It is broader than your scheduled hours, so required or knowingly permitted work must be paid even if it was not pre-approved.

Do I have to be paid for small tasks before or after my shift?

Yes. In Troester v. Starbucks, the California Supreme Court ruled that regularly occurring off-the-clock time must be paid, rejecting the federal rule that lets employers disregard small increments. A few minutes each shift adds up and is owed.

Can my employer round my time?

Time rounding is closely scrutinized. A rounding practice that consistently works against employees, such as rounding down time worked while rounding up unpaid time, can result in unpaid wages and may be unlawful.

I am paid by the piece. Am I owed anything besides my piece rate?

Likely yes. Under Labor Code section 226.2, piece-rate workers must be separately paid for rest and recovery periods and for other nonproductive time. You must also receive at least minimum wage for all hours worked in the pay period.

How far back can I recover unpaid wages?

You generally have three years under the Labor Code, and up to four years if the claim is brought under the state’s unfair competition law. Acting promptly helps preserve time records and other evidence.

Schedule Your Free Consultation

At Righetti Law in San Francisco, our attorneys represent employees in California state and federal courts and have decades of experience handling wage-and-hour and class action matters. We have recovered millions for our clients in court and in settlement.

Your consultation will be confidential, and we will not contact your employer.

Call our firm at 415-983-0900 for a complimentary, confidential consultation. You may also complete our online contact form.