Summer vacations are in full swing, and so are wage-hour risks for California employers.

Whether it’s a quick email from the beach or a work call squeezed in between sightseeing, even a few minutes of off-the-clock work by a non-exempt employee can result in liability. And in California—where wage and hour laws are among the most employee-protective in the country—those risks multiply quickly.

California’s Strict “Hours Worked” Rule

Under the California Labor Code and Wage Orders, non-exempt employees must be paid for all “hours worked,” which includes any time they are:

• Suffered or permitted to work, even if not requested or authorized
• Required to be on duty
• Engaged in work-related activities, whether at home, on vacation, or elsewhere

This means that if an employee voluntarily checks email, answers a supervisor’s text, or logs in to address an issue during their PTO—even briefly—they must be paid for that time. Failure to do so can trigger not only unpaid wages, but overtime violations, meal/rest period penalties, waiting time penalties, inaccurate wage statements, and Private Attorneys General Act (PAGA) claims.

Common Summertime Traps in California

1. “Just checking in real quick.” Employees may offer to stay plugged in while on vacation. In California, this “volunteered” work still counts as compensable time.
2. Remote and hybrid work confusion. With blurred boundaries, it’s harder to know when work begins and ends—especially if the employee is using personal devices or not physically in the workplace.
3. Failing to track work done offsite. California requires employers to maintain accurate time records. If an employee works during leave and the employer doesn’t track or pay for it, that’s a Labor Code violation—even if the employer didn’t ask for the work.

California-Specific Best Practices

1. Prohibit work during PTO for non-exempt employees. Make it clear: employees should not perform any work while on vacation unless expressly authorized—and if they do, they must immediately report their time.
2. Train supervisors to avoid contact. Managers should not email, text, or call non-exempt employees during vacation. If there’s an emergency, ensure all time worked is tracked and paid—including overtime, if applicable.
3. Review your timekeeping system. California law requires employers to maintain accurate daily records of hours worked. Make sure your system can capture offsite or mobile work, and instruct employees on how to manually report any “after hours” time.
4. Remind employees that “volunteering” isn’t allowed. Even if an employee insists they don’t want to be paid, California law still requires you to compensate them for all work performed.
5. Monitor for missed meal and rest breaks. If off-the-clock work causes an employee to miss or delay a break, the employer must pay a meal or rest period premium—one hour of pay at the regular rate, per violation.

The Bottom Line for California Employers

A five-minute email from a Napa resort or Lake Tahoe cabin might seem harmless—but in California, that “harmless” task can lead to serious legal exposure. Don’t assume that “vacation” equals “no work.” And don’t rely on “honor systems” or “voluntary help” to manage employee time.

When in doubt, compensate the time, document it, and reinforce your policy. California’s wage and hour laws don’t take the summer off—and neither should your compliance efforts.