Ravenflyer
07-23-2005, 03:28 AM
Question 1. How many hours are required by law between shifts? Example If I am requested to work a split shift with my last 2 hours filled with a manditory meeting that ends at 11pm and I am scheduled to work the next day at 4am is this legal?
Question 2. A new policy has been implimented at my work that says that if I call in sick that I am required to provide a doctors note the next time I work. Is this legal?
Recruit
07-23-2005, 07:30 AM
I have not found it yet. I think 18 hours in a 24 hour period might be the limit. Meanwhile here is Greg Labate's comments on overtime. He is seems like a sharp guy.
By Greg S. Labate of Sheppard, Mullin, Richter & Hampton LLP
Overtime
Daily overtime has been reinstated. Employers must pay time and a half to non-exempt employees who work over 8 hours in a workday, over 40 hours in a workweek, or the first 8 hours on the 7th workday of one workweek. Employers must pay double time to non-exempt employees who work over 12 hours in a workday, or over 8 hours on the 7th workday of one workweek. [AB 60].
Recruit
07-23-2005, 07:38 AM
According to Greg; I told you he is sharp, they don't have to pay you even with the doctors note. Sounds like something a Republican came up with.
By Greg S. Labate of Sheppard, Mullin, Richter & Hampton LLP
Sick Leave
Employers are not required to provide paid sick leave to their employees. However, if they do provide employees with paid sick leave for their own illness, employers must also offer paid sick leave to the employee to tend to the illness of the employee.s child, parent, or spouse. Employers may limit the amount of this sick leave to one-half of the employees annual sick leave entitlement. Employers are not required to advance unaccrued sick leave to employees. This law does not affect PTO policies that do not fit the definition of paid sick leave. [AB 109].
The poster of this reply is not a lawyer but he plays one on tv.
Greg Labate is an attorney and seems pretty sharp.
Ravenflyer
07-23-2005, 01:00 PM
I thank you for your quick response. however this does not answer my questions.
the situation is this: My girl friend works at Home Depot. They have once a month meetings.
the day of the meeting they close at 9pm and require everyone attend. My girl friend ends up working a split on the day of the meeting. She works at 4am then leaves with 2 hours left to report back at 9pm to 11pm. she then has to be back at work again at 4am with less then 8 hours between shifts.
During one of these meetings last week the managment and HR said that all employess who CALL IN SICK with less then 24 hours notice are required to bring a doctors note before they come back to work.
I believe that both of these policys are against labor laws.
Unless California laws are quite different from others, I disagree. I don't think either is against the law.
To the best of my knowledge, except in a few industry specific situations such as airline pilot or truck driver, the company is not required to guarantee any particular number of hours between shifts.
Except in FMLA situations, where the law limits how often an employer can re-certify medical conditions, there is nothing in the law prohibiting an employer from requiring a doctor's note when an employee has called in sick.
Recruit
07-24-2005, 02:15 AM
Does your friend work for a temporary service or Home Depot directly? I know Home Depot likes to churn and burn temporary employees. As you know we have a Republican administration. Unless you are part of the super wealthy your going to be treated poorly.
Please tell your friend to be careful when not getting enough sleep. The chance of injury on the job or something real expenisive being broken are raised by not getting enough rest. ;)