Off-The-Clock-Time - Aiman-Smith & Marcy
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Off-the-Clock Overtime Attorney in California

Protecting your right to be paid for your work

Working off the clock is often a euphemism for working for free. You have the right to be paid for the time you are required to be present at your job — such as attending training programs, receiving your assignments, traveling between appointments, undergoing security searches and donning and doffing. Far from being off the clock, these activities are integral to your duties and are compensable. Our California labor and employment lawyers have more than 60 years of combined experience fighting for fairness in the workplace. We review your individual situation to determine if you are being cheated out of your hard-earned wages. Because these unjust practices are not typically isolated to one employee, we also determine whether a class action lawsuit against your employer might be appropriate.

Donning and doffing

The Fair Labor Standards Act (FLSA) excludes many instances of changing clothes at the start and end of the workday. However, the U.S. Department of Labor (DOL) clarified that protective equipment does not constitute clothes. You have the right to compensation for the considerable time needed to clean, maintain and change into and out of special sanitary and safety gear required for your position — such as helmets, mesh aprons, rubber gloves, plastic guards, wrist wraps, polar sleeves, weight belts or bulletproof vests.


Employers can exclude lectures, meetings, and other training programs from work time only if the activities are:

  • Outside normal hours
  • Voluntary
  • Unrelated to the job
  • Not concurrent with the performance of work duties

Travel time

Whether travel time requires remuneration depends on the conditions surrounding the required travel, including:

  • Home to work commute — you are not entitled to wages for the time required to travel between home and your workplace
  • Home to special out-of-town one-day assignment — your employee must pay you for travel to an out-of-town location for special projects
  • Travel as part of your job tasks — travel that is required to perform your duties — such as between sales calls or job sites — is compensable
  • Overnight travel — overnight travel that cuts across your workdays is work time

In addition to owing regular wages, your employer may owe you overtime pay once your hours are appropriately adjusted. Our California wage lawyers calculate your hours based on applicable federal and California laws and pursue the full amount you earned.

Learn the truth about off-the-clock hours from our lawyers in California

If your employer is claiming your work is off the clock, please call us at 510-817-2711 or use our email form and contact us for a free consultation. Our office is located near the Oakland Coliseum off Highway 880, 66th Avenue exit. We welcome the opportunity to review and discuss your legal concerns.

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