When Is An Employee On The Clock?

Under California law, an employee is generally considered to be "on the clock" when they are engaged in work-related activities that benefit their employer. This can include tasks such as performing job duties, attending meetings, training sessions, and running errands on behalf of the employer.

The California Labor Code defines "hours worked" as any time an employee is subject to the control of an employer and includes all the time the employee is suffered or permitted to work, whether or not required to do so. This means that employees may be on the clock even when they are not physically at their place of work, but are engaged in work-related activities such as responding to work emails or taking work-related phone calls outside of normal working hours.

In addition, California law recognizes the concept of vicarious liability, which means that employers can be held responsible for the actions of their employees that occur within the scope of their employment. This includes situations where an employee causes harm to another person or property while carrying out their job duties. Employers may be held liable for the actions of their employees even if the employer did not specifically authorize the employee's actions.

It is important for both employers and employees to understand when an employee is considered to be on the clock, as this can have implications for issues such as overtime pay, meal and rest breaks, and workers' compensation. Employers should also take steps to ensure that their employees are properly trained and supervised to minimize the risk of harm to others. If you have questions or concerns about your rights as an employee or your responsibilities as an employer under California law, it may be helpful to consult with a qualified employment law attorney.

Ourfalian & Ourfalian Attorneys at Law is a Los Angeles-based law firm that provides legal services to individuals and businesses in various practice areas such as employment law, personal injury, and business litigation. With years of experience, their team of attorneys is dedicated to achieving positive results for their clients.

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