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Need clarification on labor law. California

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  • Need clarification on labor law. California

    My first question is if I hold a managers meeting for about 30 minutes - 1 hour do they have to receive a minimum or 2 hours of pay?

    Secondly, upon new ownership of the store all the employees were told they would be kept and rehired.

    There was one girl who was on vacation and it's been 3 weeks since the takeover and I had not heard from her nor had she come in to talk to me. A couple days ago I got a letter from EDD saying that she is claiming unemployment.

    I wrote an appeal stating the following:

    1. She had been on vacation and afterwards made no effort to call me or come in to talk to me.
    2. If she had come in and talked to me or called I would have given her an application and hired her.
    3. She wrote the wrong address of the store, which I am assuming was on purpose so that the 10 day time frame to appeal her unemployment would pass.


    Any ideas on whether she is going to win and my insurance goes up or what?

    Any help would be appreciated, thanks.

  • #2
    We can't predict what the UI people will say. Someone else can answer the rest of your questions.
    Please no private messages about your situation.

    Comment


    • #3
      The following webpointer is to the CA reporting time rules. You mentioned "managers". Many managers are Exempt employees paid on a salaried basis who are not paid based on actual hours worked and whom are not under the CA reporting time rules.

      I will defer your other questions to someone else (not my area of expertise).

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

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      • #4
        Actually by "manager's meeting" I was left to assume you meant a general staff meeting called by the manager?? If in fact you were talking about calling in non-exempt employees at a store, there are two issues to consider.

        When you talk about paying at least 2 hours, it sounds like you are thinking of reporting pay. That is a situation when people are called in for a shift expecting to get a certain number of hours, but then send home early.
        See the link DAW provided in this thread.

        There also is a requirement to offer additional "split shift pay" for people who were scheduled that same day, if they were forced come into work at two separate times (i.e once for meeting and later for shift). See Wage Order NO. 14-2001 for full details.

        I am not aware of any law that says you must schedule shifts to be a certain minimum length of time, and periodic mandatory meetings are to be expected in restaurant/retail type industries. Just consider how valuable it will be for people to drive in for 30 minutes if they could get the same information from a memo.

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        • #5
          The last was a very good point, psycorps. I've worked in companies that have 16 or 24-hour operations, and they normally hold multiple meetings right before or right after each shift, where they can catch everyone without having them come in specifically for a meeting only.
          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
            That's how my current employer does it, as well. We're a 24/7/365 operation; he'll schedule two meetings, one at 7:00 am and one at 3:00 pm. Employees sign up in advance for which one they will attend. People coming off work at 7:00, or reporting to work at 7:00, might choose to attend that one; people coming off work at 3:00, or reporting for work at 3:00, might opt for that. But either way, there's a meeting scheduled at a time when no employee has to make a special trip.
            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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            • #7
              Originally posted by cbg View Post
              That's how my current employer does it, as well. We're a 24/7/365 operation; he'll schedule two meetings, one at 7:00 am and one at 3:00 pm. Employees sign up in advance for which one they will attend. People coming off work at 7:00, or reporting to work at 7:00, might choose to attend that one; people coming off work at 3:00, or reporting for work at 3:00, might opt for that. But either way, there's a meeting scheduled at a time when no employee has to make a special trip.
              Yep, makes it tough when there's a sole HR person or manager who is conducting or attending the meeting, but such is the life of an exempt employee. *sigh*
              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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