Select Page

Off-the-Clock (OTC) Time

Legal papers lawyers placeholder image

G&A is an expert in Off-the-Clock (OTC) Time laws in California and has been helping clients navigate the complex wage and hour law space for decades. Read on for a brief overview on Off the Clock Time laws and contact G&A for a free consultation.

Any time worked by employees performing tasks required by the employer, and for the benefit of the employer, is compensable time for which the employees must be paid – – either their regular ‘straight-time’ pay, or overtime pay when applicable, or at least minimum wages.

When employees incur such time for which no pay is provided, this “off-the-clock” (or OTC) time typically violates both federal and state wage law. Such OTC time is usually incurred prior to the start of an employee’s scheduled, paid shift (pre-shift OTC time) or following the end of an employee’s scheduled, paid shift (post-shift OTC time).

Under CA wage law, such pre and post shift OTC time is compensable time whenever the employee is ‘under the control’ of the employer, is performing tasks which benefit the employer, and is not free to engage in their own personal pursuits when performing such tasks. Under the federal Fair Labor Standards Act (“FLSA”), pre or post shift OTC time is compensable whenever ‘suffered or permitted’ by the employer; meaning, whenever the employer knew or should have known the OTC tasks were being performed.

If an employee secretly engages in pre or post shift tasks which the employer has no way of knowing about, such time is likely not compensable; however, if any pre or post shift OTC time is incurred by employees, and the employer knows or should have known about such time, because the time is spent complying with requirements set or expected by the employer, such time is compensable.

Examples of compensable OTC in various trades include restaurant servers required to prepare the area they will be serving prior to ‘clocking in’, law enforcement patrol employees required to prepare their patrol vehicles prior to the start of their paid shifts, and prison guards required to go through multiple security check points, submit to searches, check out keys and equipment, and walk significant distances inside prison walls to get to their assigned ‘posts’ prior to the start of their paid shifts.

If you are an employee or an employer with specific questions regarding off-the-clock time under either CA wage law or under the federal FLSA, contact a Goyette & Associates labor lawyer for a free consultation and review.

Have your case evaluated by one of our expert labor lawyers.


California Courts Not Sympathetic To Employee Claims on PEPRA Pension Issues

By: Paul Goyette A recent string of California Superior Court and Court of Appeals Decisions indicate a clear trend to decline various employee and employer organization challenges to PEPRA. PEPRA is a form of pension reform law that was passed in 2012 and became effective January 1, 2013. PEPRA made several changes to the California public sector pension systems....

Voided Appointment Overturned for California State Employee

Attorney Brett Sherman of Goyette & Associates successfully represented a State of California Employee in the overturning of a voided appointment. Employee X* was promoted to a Staff Services Manager I (SSM) position within the California Department of Corrections and Rehabilitation in 2007. Employee X worked in that capacity until 2013, at which time Employee X...

2017: A Year in Review

by: Nicole Valentine It would be an understatement to say that 2017 was one of the most rewarding years in my practice as a criminal, labor, and licensing attorney. Below are some of the most notable results I achieved for my clients in each of these areas: One of the most important highlights of this year was when I won a client a full dismissal of all counts of an...

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Request a Free Legal Consultation

Contact Goyette & Associates for a free consultation. We will respond right away and work with your budget.