Announcement

Collapse
No announcement yet.

Workhours requirements California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Workhours requirements California

    I am a salaried employee in california, i have a question regarding whether employers have the right to mandate specific work hours.
    In the initial 'contract' it was stated labor hours are 8-5, but never really enforced as my boss specifically said we can come in at 9am.
    Now due to more scrutiny from the board of the company, word from upper management is people needs to come in at 8am.

    1. Can the company enforce this? (Even if i work my full 40 hours)

    2. Is there a way to get a note from the doctor for medical purposes to be able to come in at 9am instead?

  • #2
    In the absence of a bona fide, binding contract that guarantees a start time of 9:00 that will never change, the employer may set the start time at any time they like.

    Only if there is an honest, verifiable medical reason why an 8:00 start time is impossible.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Ot

      If this is the case, what about the continued overtime that workers put in.
      Previously i'd do OT constantly, now they are getting an extra hour of my OT. What kind of rights do i have? And this i nonpaid OT as i'm a salaried employee.

      What if i were to get a note from my doctor saying the 40+ hr week are taking a toll on my body, various medical conditions ( i can be specific if needed) and can not tolerate the new hours.

      Comment


      • #4
        If by "salaried", you mean exempt, if working more than 40 hours per week is a requirement of the job, then don't be surprised if the employer chooses (and it is their option) to pay you on an hourly basis, only for the hours you work.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          salaried as in, there is no pay for hours beyond 40 hrs in a week.
          eg:
          used to be work hours are 9-6 or whenever.
          now it is going to be 8-5 (supposedly) but i have no reason why it would change and if i have oT it will be beyond the usual 6pm. as in now it will be 9 hr weekdays instead of 8 if i'm lucky and no compensation for hours beyond 40 as i'm a salaried employeed.

          Comment


          • #6
            Here is the bottom line.

            Salaried or hourly, exempt or non-exempt, it is the perogative of the employer to determine what the work hours are. You do not have to like them or understand why.

            If you do not have a bona fide contract that guarantees a 9:00 start, your employer can require you to start at 3 in the morning if he wants.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Then that is "exempt". I know what "salaried" means; but many laypeople do not. Salaried is merely a pay method; nonexempt employees can be paid on a salaried basis, but that doesn't mean they still needn't be paid overtime.

              What exactly are your job duties on a daily basis? I'm trying to form an opinion on whether you are properly classified as "exempt". But I'm not a dentist, I don't pull teeth.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                ok, i understand he can make me come whenever.
                then my next question is is there a way to get out of it via a doctor's note.
                i was under the impression that for medical reasons you can get out of certain things. I am not an expert thus i'm here at this forum asking these questions. I'm not trying to be a smarta** although i may have given the impression.

                I am a financial analyst and right now the company is trying to raise funds and everything is under the scrutiny. some people in other dept have been coming in late and leaving early, that's why upper mgmt wants people coming in early at 8am. My dept until today's meeting have been coming in at 9 and staying past 6. so this is why i'm frustrated and it would be hard for me to adjust to the new hours as my body could not handle the 8am and the even longer hours.

                Comment


                • #9
                  What I needed was the last paragraph. Generally speaking, the job duties of a Financial Analyst (unless it's just an overblown name for an accounting clerk) would meet the criteria for exempt status. Having said that, my previous response still applies.

                  Whether your medical situation can be considered an ADA-qualifying condition where a reasonable accommodation would be required is not yet clear; we don't have enough information to determine. However, even if that is so, the accommodation just has to be "reasonable", it doesn't necessarily have to be the one the employee wants or even the one the doctor recommends. It just has to be workable.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Also, if you are trying to invoke ADA, your employer can request a 2nd medical opinion from a different doctor.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      where can i find more information on the ADA requirements.

                      Comment


                      • #12
                        http://www.eeoc.gov/types/ada.html

                        What medical condition do you have that you cannot come in at 8 and work till 5, but you can come in at 9 and work till 6? (I'm not saying you're wrong; I'm just asking. If I know the condition, there may be resources I can send you to.)
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          i talked to cbg in private as i didin't want to reveal too much info in a public forum.

                          my boss asked for my opinion and we talked to other workers, majority were against this. so hopefully this is gonna get overturned by the "minions" =P

                          Comment

                          Working...
                          X