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Overnight Shift Flat Pay Rate California

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  • Overnight Shift Flat Pay Rate California

    Hello all,
    I work at a Dog Daycare in California. Employees are paid minimum wage hourly during the day. Each night 1-2 employees stays at the daycare in a boarding room with the dogs where the employee is allowed to sleep until 0600 when they let the dogs into the play yard. The employee usually works the closing shift, and then must clock out at 2000. In the morning, the employee must stay until 0700. For the time period from 2000 until 0700 the employee is clocked out, and receives a flat payment of $50 for the overnight. Is this a legal flat payment or should employees still be on the clock? If it is legal, what evidence makes it so? Thanks!

  • #2
    From the CA-DLSE manual.

    46.1.1 The DLSE Interpretation of Hours Worked which provides that: “[U]nder California law it is only necessary that the worker be subject to the ‘control of the employer’ in order to be entitled to compensation” was found by the Californ ia Supreme Court to “be consistent with [the Court’s] independent analysis of hours worked.”Morillion v. Royal Packing Co. (2000) 2 2 Cal.4 th 575, 584 [citing to DLSE O.L.1993.03.31 and 1994.03.03].

    Uninterrupted Sleep Time. DLSE enforcement policy has historically allowed eight hours to be deducted if an employee is scheduled for 24-hou r work shifts and is required to remain on the employer’s premises during the work shift and, in fact, receives eight hours of uninterrupted sleep.
    Last edited by DAW; 06-10-2012, 06:23 AM.
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