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Ok a few questions from a NEW manager. California

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  • Ok a few questions from a NEW manager. California

    I am a brand new manager for a pretty big company here in California. I was never trained or told that I needed to know in-depth labor laws so I didn't really bother to look that deep in to them, but lately some things have not been looking so hot so I have started to question several things after some employees brought some things to my attention. I'll ask in no particular order.

    1. Does CA have a "Minimum" number of hours an employee is to work per week? ( whether they are labelled as on call or part time )

    2. Is there a "Minimum" number of hours an employee is to work per DAY? Same labels apply. ( i.e. Is it legal for an employer to work an employee less than a certain number of hours in a shift.

    3. This company has a "Non- Compete" clause ( the company is headquartered in New Mexico ) that all employees have to sign, I have read that non compete clauses are void in CA unless a very specific situation is present. Now, in this clause it states that upon signing you agree that you're signing and agreeing to NM state laws or some mumbo jumbo. I don't remember it specifically I'll get the exact copy if its actually relevant.

    4. For a "salary" manager, is it legal to "require" said manager to work 40 hours during OPEN hours and 2 hours during CLOSED hours for inventory, and ALSO go do bank deposits daily ( that typically take 30-40 minutes )

    5. I work in a mall, and the mall has their own policies about employees being away from the store when nobody else is there for anything over 10 minutes at a time etc. That being said I have NEVER actually taken a 30 minute lunch break in an 8 hours shift because of said rule. I go to food court, grab food, and bring it back and eat at kiosk sometimes dealing with customers in between. Not sure about this one, I feel like its a tough one but I would actually like to enjoy a lunch for once.

    6. Last but not least, The company has a bonus structure that is by NO MEANS obtainable with the amount of hours that employees are "allowed" to work, I feel like it shouldn't even be legal for them to do this. As an example an EMPLOYEE working 10-15 hours per week, with 2-4 hours at most on weekends ( busy times ) is required to sell $1300 in GROSS PROFIT sales before they get a bonus. To me it feels like set it this way so NOBODY actually hits the bonus.

    That/s all I got right now, Sorry for going on and on, I have just become very fed up with my employees getting the shaft. I really hope someone can help I have been searching for weeks and getting no answers.

  • #2
    1.) Yes. In all states, including CA, the minimum number of hours an employee can be scheduled to work is zero.

    2.) Same answer as above.

    I'm not being a smart-***. I think what's confusing you is California's reporting pay law. In CA, if you schedule an employee for x hours and you send him home after fewer than x, there is a minimum number of hours he must be paid for. That sometimes gets confused with being required to schedule an employee for so many hours. That's not the case; you can schedule the employee for as many or as few hours as you have work for him, or want him to be on site. It's just that if you miscalculate and don't have as much work for him as you thought and send him home, he gets a minimum number of hours. There are several exceptions, so I'm leaving you the explanation from the CA DLSE.

    3.) You'll need to have the exact wording reviewed by a CA attorney.

    4.) Yes. If the employee is salaried exempt, there is no magic to 40 hours as far as wage law is concerned. 40 has as much meaning as 72 or 28 or 32.7. A salaried exempt employee is required to work until the job is complete, whether that takes 20 hours or 80 hours. It is by no means unusual for an exempt employee to work 60, 70, or 80 hours a week (or more) on a regular basis. And if the employee is salaried non-exempt, you may have to pay overtime for some of the extra hours, but you can still legally schedule him for more than 40 hours per week. (While CA is one of the two states that does have a maximum number of hours an employee is scheduled to work, that maximum is far, far above the example you gave.)

    5.) This is not a question. When you've brought this to the attention of your employer, what did he say?

    6.) You are not entitled to a bonus under the law.
    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.


    • #3
      Agreed with last answer.

      4). Also, there are two different rules affecting maximum hours worked each week. One type of rule is non-exempt employees only, and affects certain industries only per the Wage Orders (industry specific regulations). The other rule is the so-called "1 day in 7" rule. While the actual law (CLC) is not specific to non-exempt, the implementing regulation are. So this really something that does not affect Exempt employees.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


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