California employers are required to pay employees for all time worked, even if employees are not clocked-in, if the employer requires, knows, or should know that employees are working off-the-clock. Employers sometimes require or know that employees are starting work before clocking-in for their scheduled shift, working through lunch while clocked-out, or continuing to work after clocking-out at the end of their shift. Employees sometimes work after hours or weekends without recording their time. All such off-the-clock time must be paid as long as the employer knows or should know that it is happening.
If an employer fails to pay employees for such off-the-clock time, the employees can sue for unpaid minimum wages and overtime wages and other damages and penalties under various Labor Code provisions, including sections 203, 226, 510, 558, 1197, 1197.1, and 2699(f)(2) of the California Labor Code.