California Employment Law
If you are asked or otherwise pressured to start or finish up work when you are not clocked in to work, your employer may be engaging in unlawful employment practices.
Work done off the clock that may be compensated can include responding to emails, finishing up projects, security check in and check out, cleaning up and locking up, etc.
This can happen before or after your shift, including during your breaks and lunch period
Meal and Rest Breaks
Employers are to give their employees rest periods and meal breaks depending on how many hours the employee works during the day.
If an employer asks the employee to stay on the work premises or keep his or her personal mobile device to answer calls or emails, then a true break or rest period may not have been provided.
Business Expenses Reimbursement
If you have to pay for work-related expenses out of your own pocket, you should be reimbursed by your employer.
These expenses can include monthly internet, cell phone reimbursement, laptop & printer, Zoom license and webcam, driving mileage, uniform and equipment, and other items reasonably necessary for you to perform your job as an employee.
Misclassification Of Employees As Salaried Workers To Avoid Overtime and Rest Periods
Some employers will pay a salary instead of an hourly wage to employees to avoid paying overtime and other benefits normally given to hourly employees.
Examples include employees being given a professional job title such as “Assistant Manager” or “Manager” but end up mostly performing administrative, customer service and clerical job duties.
Immediate Payment Upon End of Employment
If you are terminated from your employment, all earned wages, including accrued vacation pay which is also known as paid-time-off or PTO, is due to you within 72 hours.
California law also requires employers provide accurate paystubs to their employees.