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quick question on ca labor law California

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  • quick question on ca labor law California

    i work for a commercial carpet cleaning company and i work hourly. they expect me to be on call if emergency's comeup within there accounts.. I dont mind doing them for the fact i get more hours on my check. But my boss doesnt pay travel time home(which i think is illegal), and the fact that emergency's only take 10-30min and an hour to get to the job site.

    So i get up on sunday morning and do an emergency for them and i only make 10-20 bucks, sense it only takes me an hour to get there or so, and it doesnt take very long to do the job.

    My friend told me a law in california that he has to pay me atleast 4 hours. he said its called half day. he said if i arrive to work even if i only work 10min and they send me home they still have to pay me 4 hours.

    is this true?

  • #2
    This is going to be a soft answer. Commuting to a varible work site complicates things and I have never been very comfortable that I fully understand CA-DLSE's position when this happens. You might need to talk to them directly.

    http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm

    http://www.callaborlaw.com/archives/...imis-time.html

    http://www.dir.ca.gov/dlse/opinions/2003-04-22.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      hmm

      all i want to know is if i arrive to work, and they send me home, do they have to pay me for atleast 4 hours?

      Comment


      • #4
        If you are asking me, I do not know. Which is why I worded my last answer the way I did.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Did you read the links DAW provided?

          First of all, it's half the scheduled shift to a maximum of four hours. It's not four hours as such.

          Secondly, my understanding is that it only applies to your scheduled time, not a call-out, so that if a call-out takes only one hour to finish the work, then you are entitled to that one hour only.

          Third, California has some unique laws regarding travel time. It's possible (and I don't know this answer--unless someone else does, you can call or email the DLSE and ask) that such travel time on an emergency call-out might be compensable. Also, perhaps mileage reimbursement, to some extent. These two issues are something to pursue with the DLSE.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd View Post
            Secondly, my understanding is that it only applies to your scheduled time, not a call-out, so that if a call-out takes only one hour to finish the work, then you are entitled to that one hour only.
            This is not accurate. Reporting time pay would be payable regardless of if it was a scheduled shift, or just a spur of the moment thing. Furthermore, if you do not have a regularly scheduled workday, or a usual amount of hours worked, you should be paid reporting time in accordance with an 8 hour workday. (ie, be paid 4 hours) O.L. Jan. 30, 1992
            Last edited by mcarson87; 09-09-2009, 10:44 PM. Reason: wrong date
            "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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            • #7
              If the below is the Opinion Letter to which you referred, the circumstances may not the same. This OL addressed reporting time pay when employers "do not schedule daily hours of work for its employees".
              http://www.dir.ca.gov/dlse/opinions/1992-01-30.pdf

              OP, is this the situation in your case?
              Last edited by Pattymd; 09-10-2009, 04:21 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                California

                I worked in cali over 8 yrs as a dump truck driver,
                .
                We got paid 2 hours show up time.If by chance we took 1 load and were sent home we did get paid for 2 hours plus the amount for the load.

                I guess the answer to your question should be 2 hours minimum.

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                • #9
                  If you are called into work for an "undetermined" amount of time then you are due no less than 2 hours pay for this time. (IWC Wage Orders sec 5)

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                  • #10
                    Which wage order is that from? The ones I have read make no mention of a "undetermined amount of time."
                    "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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                    • #11
                      Originally posted by mcarson87 View Post
                      Which wage order is that from? The ones I have read make no mention of a "undetermined amount of time."
                      I got this from the 2009 California Labor Law book that we get from CalChamber.

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                      • #12
                        hmm

                        but if i get paid hourly.. how is it far i get paid 10 bucks to getup and go do an emergency for the company while the company gets paid 200 for the job. It may be legal, but is this fair?...i get up on a sunday for the company to make a measly 10 bucks(1hour)?...what are hte laws on being on call? it seems like 10 bucks plus being on call is spitting in my face..

                        Comment


                        • #13
                          You should be paid for two hours. It doesn't have to be fair, it only has to be legal. And legally that is all they have to pay.

                          To do the job do you have to go to a office/warehouse to pick up supplies, a truck or anything? If so your time must be paid for the entire time between picking up the supplies and the time you return to drop off the supplies. In any case though the minimum they must pay is two hours.

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                          • #14
                            Your source is not accurate, christamcd. The wage orders make no mention of "undetermined amounts of time." Read O.L. 1992-01-30 I originally referenced. Absent a specific agreement for a different number of hours, the workday will be considered to be eight. If this employee does not have a usual number of hours he/she works, and is not scheduled for a specific number of hours, they should be paid for at least 4 hours per the reporting time provisions.
                            "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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                            • #15
                              OP, just call the DLSE and ask them. We are not going to resolve this dispute here.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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