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California Labor Code Interpretation

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  • California Labor Code Interpretation

    I was wondering if this code could be explained in plainer english. Especially the last sentence. Is this last sentence saying that a salaried exempt (or otherwise) employee cannot be asked to make up lost time due to a doctor's appointment or family matter that the employee had to take care of?

    513. If an employer approves a written request of an employee to
    make up work time that is or would be lost as a result of a personal
    obligation of the employee, the hours of that makeup work time, if
    performed in the same workweek in which the work time was lost, may
    not be counted towards computing the total number of hours worked in
    a day for purposes of the overtime requirements specified in Section
    510 or 511, except for hours in excess of 11 hours of work in one day
    or 40 hours in one workweek. An employee shall provide a signed
    written request for each occasion that the employee makes a request
    to make up work time pursuant to this section. An employer is
    prohibited from encouraging or otherwise soliciting an employee to
    request the employer's approval to take personal time off and make up
    the work hours within the same week pursuant to this section.

  • #2
    This section applies only to non-exempt employees.

    Employees can require exempt employees to make up missed time, yes.

    As for non-exempt employees, they can still be required to make up the time- this section just says, if you require them to make up the time (as opposed to them volunteering to do so) then you have to pay them any overtime.
    Megan E. Ross, Esq.
    Law Offices of Michael Tracy

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


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