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Some California employers place their employee in a physically and mentally challenging predicament by, on one hand, prohibiting to work overtime (more than 8 hours per day or 40 hours per week) and at the same time expecting them to complete the amount of work that's virtually impossible to do withing an 8-hour work day. Store managers are often in that position since they have to perform both the duties of their suborindates and their managerial duties.
Generally, it is illegal for the employer who has actual or "constructive" knowledge that its employees work off the clock, to not pay for the time worked off-the-clock. A number of companies have had class-action lawsuits filed against them for such violations over the past few years, including major, national retail, hospitality and food chains. Some classes of employees were as small as 50 to 100 employees, while others included thousands of class members.
According to at least one California court, to have a legitimate claim the aggrieved employee must have informed his superior/s of the fact that he works off the clock, so that they are on notice of that violation.
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