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CA labor laws & restrictions California

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  • CA labor laws & restrictions California

    I have a friend, who is an on-call electrical technician with a huge nation-wide company. He works his regular hours, Monday through Friday 8:00-4:30, and then must be available at all times to answer in-coming calls. At times, his hours are very long and tiring. For example, last week, on Friday, he went into work (leaving his house by 5:00) worked all day, went home for about 1.5 hours, and then had to leave to go to Sacramento to work an additional 6 hours. Then on the following day (Saturday) went to work in Santa Clara at 2m and did not get off until 2:am on Monday. Prior to actually getting off, his boss informed him that he must still be in the office by 8:00 on Monday. There were other technicians available but not contacted. He also has a doctor excuse, due to being involved in a vehicle accident, stating that he is not to work over 12 hours in any given day. What kind of laws are there to protect him? What employees are exempt from labor laws? And is this a case that should be taken to an attorney??

  • #2
    NO state limits the number of hours that an employee can be required to work in a day (with certain industry specific exceptions that do not apply here). CA is one of only two states that limits the number of overtime hours that can be required in a single week (or pay period), and even that is only for certain wage orders. However, even if he is, unless he has worked more than 72 hours in a single week, the employer is legal. (And possibly even then.)

    A doctor's note has no force in law outside of FMLA and in a very few situations, the ADA. Do either apply?
    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.

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    • #3
      kickinatlast, was the MVC he was involved in while working or when he was on his personal time? Was it recent or some time in the past? If while he was working did he file a Workers Compensation claim?

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      • #4
        BnThrDnTht

        His accident was last July 21, 2006, while at the LaGuna Seca motorcyle races. He was hit from behind by a drunk driver, who fled the accident. He was on disablility for 6 months and during that time, had to have an operation to have a piece of bone removed from his ankle that had broken off. It wasn't during work hours, purely recreational. However, when he did return to work, it was suppose to be limited and only desk/computer work. His boss kept pushing and pushing for him to be more available since he has always been the individual to do most of the work and travel frequently.

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        • #5
          If your friend was on medical leave for six months, for a non-work related condition, his employer was not legally obligated to return him to work at all.

          So he's been back to work for six months now? Is his condition ever going to improve or is it permanent? It makes a difference to the answer.
          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.

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          • #6
            His ankle is still really messed up. According to a well known orthopedic specialist that has worked with NFL and NBA players, there isn't much hope of it getting better. He could have a procedure done where they take a graft from a cadaver and graft it, but that would take him off of work again. He doesn't think he will pursue this options at this time.

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            • #7
              Then he needs to be looking into potential ADA accomodations. He should speak to someone in HR about this.
              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.

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