When you go to work, you should be paid for your time. That’s the entire point of having a job. However, what counts as “time worked” for your paycheck is not always clear. Unscrupulous employers may take advantage of their employees’ confusion to pay them less than they’re owed. For example, California’s Bloom Energy is currently facing a massive class-action lawsuit alleging that the company failed to pay employees for their time on the job.
Understanding what counts as time worked is essential if you want to make sure your paycheck is correct. Here’s what you need to know about working time, what your employer is obligated to pay, and what you can do if you’re not receiving the pay you’re owed under the law.
Who Should Record Time Worked?
Many pay and labor laws were designed with hourly work in mind. In fact, this was considered the primary form of work, to the point where salaried workers and people working on commission are called “exempt” employees. In contrast, anyone who works for an hourly wage is considered a “nonexempt” worker.
Every nonexempt employee should closely monitor how long they spend working. After all, their pay directly corresponds to their hours worked.
Supposedly exempt workers should also keep an eye on their hours worked, though. Being paid a salary or on commission does not necessarily mean you are ineligible for overtime. No matter how you are paid, you are owed at least the equivalent of the local minimum wage for your time.
For example, the minimum wage in California is currently $15.50 an hour, which averages to $32,240 for someone working 40 hours a week, 50 weeks a year. If you’re working full-time in California and not making at least $32,000, you’re not being paid fairly. Recording your hours is crucial to ensure you’re being fairly compensated.
Time Worked Should Be Time Paid
So, what counts as time worked? That’s been a major question for decades. The federal Department of Labor (DOL) defines hours worked as “all time during which an employee is necessarily required to be on the employer’s premises, on duty or at a prescribed work place.” In other words, if your employer requires you to be on duty or at the worksite, you should be on the clock. Examples of time worked under this policy include:
- Opening or closing the premises, even if the business is not open during that time
- Being “engaged to wait,” such as showing up for a shift and then having to wait for work tasks to be assigned
- Being “on-call” and subject to activity restrictions, whether that is at home or in the workplace
- Changing into or out of uniforms or getting equipment that is not permitted to leave the premises
- Traveling from one work site to another
- Performing work-related activities at home, such as sending emails, answering calls, and attending virtual meetings
- Attending non-voluntary job-related training
That’s not all, though. According to the DOL, an employer must pay for all hours during which an employee is “suffered or permitted to work.” If you show up for work, clock in, and do your job, your employer must pay you for that time as long as it did not specifically prohibit you from working during that period. Examples might look like:
- Fixing your own or others’ mistakes at work, even if it is voluntary
- Clocking in early or clocking out late
- Coming in on your days off to perform work-related activities
- Making work calls or answering emails during vacation or sick leave
This all counts as time worked as long as your employer does not have a policy prohibiting it. If you are a nonexempt worker, you should be paid for these hours at your standard rate. In addition, if these activities cause you to work more than 40 hours a week, you should receive overtime pay for the extra time. If you don’t, your employer is committing wage theft.
Are There Exceptions to Paid Time?
There are some reasons why you may not earn your standard hourly wage for all hours worked. You’re likely familiar with mandatory deductions such as income and FICA tax, but employers can also make certain other deductions that would lower your effective hourly rate, including:
- Wage garnishment for child support
- Voluntary retirement fund contributions
- Loan payments
- Union dues
These deductions can reduce your pay, potentially even below the minimum wage. However, they are all either mandatory deductions ordered by the court to cover debts you already owe or voluntary deductions for which your employer must get permission.
Additionally, your employer cannot make the following deductions in California:
- Costs for mandatory gear: In California, employers must pay for all equipment, uniforms, and tools necessary to do the job.
- Employer-only taxes and workers’ compensation premiums: Companies cannot deduct the taxes and costs they must pay out of their employees’ paychecks.
- Alleged theft or misconduct: If a company believes that a specific person is committing misconduct or theft, they must take normal legal action and may not deduct the costs of stolen or damaged assets from their paycheck.
- Pre-employment expenses: If workers are obliged to get medical checks, drug tests, or other pre-employment reviews, the employer must cover those costs entirely.
In short, any deduction other than those required by law or that you have specifically authorized is illegal.
How to Fight for Your Unpaid Wages
If you’re not getting paid for the time you work, you’re facing wage theft. This is not only a violation of your rights – in California, it’s a criminal offense. You likely have the right to hold your employer accountable for failing to pay you and demand backpay and other damages in compensation.
The skilled employment law attorneys at the Law Offices of Todd M. Friedman, P.C., are available to fight for you. We have spent decades advocating for victims of wage theft in California and around the country. Schedule your appointment with our Los Angeles workplace rights law firm to discuss your needs and discover how you can fight for fair compensation in California.
