If your employer failed to pay you for security checks and off-the-clock work, you should talk to our experienced attorneys as soon as possible. Lawsuits for California Labor Code violations have a one-year statute of limitations. If your employer knew or should have known that you were working off the clock and let you work those hours, our lawyers can represent you in an action to recover payment for them. Consult a Wage and Hour Attorney in California It is illegal for your employer to engage in any kind of retaliation or punishment because you asked to be paid your true wages. You may feel intimidated or worry that your employer will retaliate against you for reporting security checks as time worked or for stating your true time worked on your time sheet. It can be challenging to deal with an employer who knowingly violates wage and hour rules. When your off-the-clock work results in more than eight hours of work per day or 40 hours per week, overtime law demands time-and-a-half or double time pay. If you work off the clock, our attorneys can help you sue to be paid for any hours that your employer refused to count. In California, employers can be held accountable for any of this improper behavior. It may use subtler techniques like assigning you more work than can be humanly performed in a regular workday. It may require you to stay late but be the first to clock out. Your employer may require you to come early, for instance, but ask you not to clock in until a different time. There are other ways in which unscrupulous or uninformed employers require California employees to work off the clock. Holding Your Employer Accountable for Unpaid Off-the-Clock Work It also can be held accountable for any other time that it requires you to work but does not pay for it. If your employer knew or should have known about the extra time that you needed to take to go through a security check and did not pay for it, it can be held accountable. Similarly, if you need to go through a security check to enter your workplace, you should be paid for that time. The Court held that every minute worked by an employee should be paid. They filed a class action in which they argued that the employer had not paid minimum wage or overtime for the time that they had spent going through the exit search. The employees estimated that they waited 5-20 minutes for exit searches on average, but the wait could be up to 45 minutes. In 2020, the California Supreme Court reviewed a situation in which an employer required employees to go through exit searches of their purses, bags, backpacks, and personal devices after they clocked out to conclude a shift. The time that you work needs to be paid even if your employer did not authorize the additional time. It is unlawful to mandate that you work off the clock in any way. In California, when you are a non-exempt worker, your employer is not allowed to require you to work off the clock. If you are concerned about security checks and off-the-clock work, you should talk to the experienced California wage and hour lawyers at The Nourmand Law Firm. If you are not, your employer may be engaging in a form of wage theft. Even so, your employer may require you to spend time onsite waiting for and going through a mandatory exit search. You may have brought an item to work in your bag for your own convenience and simply be taking it home. Many companies in California require their employees to spend time on the premises waiting for and undergoing mandated exit searches of their bags, packages, and other personal items. California Lawyers Protecting the Rights of Employees
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |