Off-the-Clock Work: Setup, Cleanup, and Emails Are All Paid Time in California

Booting up systems before clocking in, closing duties after clocking out, answering texts at home — if the employer knows about it, they owe for it.

What California Law Says

California defines hours worked as all time the employee is subject to the employer’s control. The Troester decision rejected the federal de minimis excuse for regularly occurring off-the-clock minutes, so even 10 minutes a day of closing tasks adds up to a real claim.

How to Fight Back, Step by Step

1. Write down every recurring task performed off the clock and how many minutes it takes.
2. Multiply across your workweeks — 15 minutes a day is over 60 hours a year.
3. Gather proof: door codes, alarm logs, sent emails, text timestamps, POS logouts.
4. Demand payment for the reconstructed time, including overtime where it pushed you past 8 hours.
5. File with the Labor Commissioner if refused; your reasonable estimate shifts the burden to the employer when their records are incomplete.

Common Questions

I cannot prove exact minutes. Is my claim dead?

No. Where the employer failed to record the time, you may prove hours by a just and reasonable estimate, and the burden shifts to the employer to rebut it.

Do work texts and calls at home count?

Yes, if they are more than trivial and the employer knows they happen. Log each one with date and duration.