What steps should I take if my employer forces me to work off-the-clock in California?
Forcing you to work off-the-clock is illegal in California, and you have the right to recover your unpaid wages. You should take immediate steps to document the unpaid time and file a formal claim.
Step 1: Document Everything
Immediately start keeping a detailed, private log of all your work hours. For each day, write down the date, the exact time you started and stopped working (including breaks), and a brief description of the tasks you performed off-the-clock. Keep copies of any emails, text messages, or schedules that prove you were required to work.
Step 2: Collect Your Pay Stubs and Employment Documents
Gather all your pay stubs, your original offer letter, and any employee handbooks. These documents are essential for calculating the wages you are owed and proving your rate of pay.
Step 3: Calculate Your Unpaid Wages
Using your personal log and pay stubs, calculate the total number of unpaid hours. Remember to calculate unpaid overtime at 1.5 times your regular rate of pay for hours worked over 8 in a day or 40 in a week.
Step 4: File a Wage Claim with the Labor Commissioner
Go to the California Labor Commissioner's Office website (also known as the Division of Labor Standards Enforcement or DLSE) and complete a "Claim for Wages" form. You can file this online or by mail. Attach copies of your documentation. You generally have three years from the date the wages were earned to file a claim.
Important considerations:
Your employer is legally required to keep accurate time records. If they have failed to do so, your personal, detailed records will be very persuasive evidence. It is illegal for your employer to retaliate against you for filing a wage claim or complaining about unpaid wages.
Note:
The wage claim process can be slow and complex. While you can represent yourself, the process can be challenging to navigate. The statute of limitations (the deadline to file) is strict, so do not delay.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California employment attorney to discuss your specific case and legal options.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Employment Law
Worker rights, wages, and employment regulations
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