Unpaid Compensable Time

Employees often encounter situations where they perform work-related activities without receiving compensation or knowing they are entitled to be paid. In many cases, these activities should be paid under federal or California law. These work hours can include tasks such as traveling, donning and doffing uniforms, participating in mandatory training, being on-call, and even undergoing security screenings. This article will explore these common examples, employee rights, and employer obligations.

If you are a small business owner or employee in Ventura, Oxnard, Camarillo, or surrounding areas in Southern California, the Ventura wage & hour employment law attorneys at Rounds & Sutter, LLP, can help you understand whether all hours are being paid appropriately and assist you in correcting any errors.

What Is Compensable Time?

Under the Fair Labor Standards Act (FLSA) and California labor law, employees must be compensated for all the time they are “suffered or permitted to work.” This generally means any activity that benefits the employer or is required as part of the employee’s job must be paid. Failing to compensate employees for these tasks can lead to wage and hour violations, exposing employers to legal penalties. Below we look at the kinds of compensable hours that most frequently go unpaid.

1. Travel Time

Travel time compensation is often misunderstood. Not all travel time is compensable, but some instances are. According to the FLSA and California law:

• Home-to-Work Travel: The daily commute from home to work is generally non-compensable. However, when employees travel between job sites during the workday or are required to travel to a different location for a work assignment, that travel time must be paid.
• Overnight Travel: If an employee must travel overnight for work, the time spent traveling is compensable if it falls during normal working hours, regardless of the day of the week. For instance, if an employee travels from 9 a.m. to 5 p.m., those hours are compensable, even on weekends.

Employers must pay close attention to the distinction between ordinary commutes and travel which is an integral part of the employee’s job.

2. Donning and Doffing

The terms “donning” and “doffing” refer to putting on and taking off uniforms or protective gear. The FLSA and California laws require compensation for this time if the uniform or equipment is essential to the job and if the process takes place on the employer’s premises.

• Examples: Employees working in industries such as manufacturing, food processing, or healthcare may need to wear specialized safety gear. Time spent donning and doffing this gear before and after shifts is generally compensable if it is a requirement of the job and not optional.
• California Precedent: California labor laws, which are often stricter than federal guidelines, have held that activities integral to job performance, including necessary preparation and cleanup tasks, must be paid.

3. On-Call Time

Employees who are required to remain on-call may also be entitled to compensation. The key question is whether the on-call duties restrict the employee’s ability to engage in personal activities.

• California Standards: If an on-call employee must stay close to a work site or respond immediately to calls, that time is likely compensable. In contrast, if the employee is free to use the time as they wish and only occasionally must respond, it may not be considered compensable.
• Example: An on-call nurse who must remain within a certain geographic area, wear a pager, and respond within a short window is likely owed compensation for that on-call time.

4. Training Sessions and Meetings

Mandatory training sessions, lectures, or meetings that are related to the employee’s job must be paid. The FLSA and California laws stipulate that if the training is required by the employer or benefits the employer, employees must be compensated for their time.

• California Labor Code: Employers must pay for training sessions unless four conditions are met: (1) attendance is outside regular working hours, (2) it is voluntary, (3) it is not job-related, and (4) the employee does not perform any productive work during the training.

Employers should take note of the strict guidelines that govern training-related work hours to ensure they do not inadvertently violate wage and hour laws.

5. Security Screenings

Recent court cases have raised awareness about security screenings as compensable time. Employees who must undergo security checks before or after their shifts may be entitled to payment.

• California Law: California courts have tended to favor employees in wage disputes over security screenings. In one notable case, the California Supreme Court ruled that time spent on mandatory security checks, such as bag searches for retail workers, should be paid.
• Implication for Employers: If security checks are required and take a significant amount of time, employers should compensate employees for this period to avoid liability.

Employee Rights and Employer Responsibilities

Employee Rights: Under both federal and California labor laws, employees have the right to be compensated for any work-related activity that benefits the employer. Employees who believe they have not been paid for compensable work can file a wage and hour claim with the California Labor Commissioner’s Office or pursue litigation with the help of an experienced California employment law attorney.

Employer Responsibilities: Employers must have clear policies and practices to ensure employees are compensated for all eligible work hours. This includes maintaining accurate time records and staying up-to-date with changes in state and federal wage laws. Employers should also train managers and supervisors on the types of activities that qualify as compensable time. Consulting regularly with an employment lawyer can help employers maintain compliance and resolve inconsistencies before they become legal problems.

Contact Rounds & Sutter for Help With Wage & Hour Issues in Ventura

Unpaid compensable time is a critical issue that can result in significant liability for employers. By understanding what activities must be paid under the FLSA and California law, both employers and employees can better navigate wage and hour compliance. For questions or concerns about unpaid compensable time as an employer or employee in Southern California, contact Rounds & Sutter, LLP, at 805-650-7100 for a free consultation to find out how we can help.