If a nonexempt employee answers short texts and calls after-hours, do we have to pay this work time?

Yes. In most cases, responding to calls, texts or emails qualifies as “hours worked” under California law and must be paid.

California does not recognize the federal de minimis rule, so even small amounts of time must be compensated. Employers should track and pay for all time worked, including after-hours work, and have a policy for reporting it.

Employers may prohibit unauthorized off-the-clock work, but if it occurs, the time must still be paid (and discipline may be appropriate).

Read about “De Minimis Time” and “Prohibiting Off-the-Clock Work” in Timekeeping and in