Despite still penalties and the fact that its illegal, numerous employers s continue to encourage employees to work off-the-clock in order to clock out in order to obtain productivity bonuses. They encourage employees to clock out for meal breaks and to keep working, or to clock out and keep working after their 8 hour shifts have expired.
Under California law, the employer is liable to pay for every hour worked, even if the employee was clocked out so long as the employer knew or should have known that they employee was working. (Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 585).
Admittedly, this off-the-clock work is more difficult to prove, since it cannot be shown from the employers payroll records. Glenn Nunes’s detailed knowledge of employer computer systems and record keeping practices makes him one of the best attorneys in California for seeking to prove their off-the-clock hours. While there are no guarantees about results particularly in off-the-clock cases, he has helped employees recover literally millions of dollars for employees who worked off the clock.