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  • hours off the clock

    California

    I work for a restaurant as a server. I have been out sick for a week. I have a doctors note to return. The problem is, my employer's policy is that it is the employee's responsibility to cover shifts when they call in sick. Is this legal, or is this an example of forcing an employee to work off the clock?

  • #2
    Finding a Replacement

    Good question. I imagine that if this responsiblity was overly burdensome and time-intensive, it could be. There is a concept where employers are not held to de minimus (minimal) and unintentional time. However, whether the time it takes to find your replace is considered as de minimus or not is dependent upon the judgement of the Department of Labor Standards Enforcement staff. You should contact them for a definite answer.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      it is an interesting case

      We are supposed to find coverage in all cases. I read up on the de minimus standard. If it is only one day that needs to be covered, it may only be a matter of a quick phone call or 2, which could fall under the de minimus standard. But in this case, I was missing 6 days of work, which would require extensive phone calls. This does not seem right under de minimus, as it could extend to a half hour or more.

      Comment


      • #4
        More than de minimus

        Perhaps you should file a wage claim with the state.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          i think I'll try

          I think my first approach will be to try to get them to change the policy. We will see what happens. I am now going to be out an additional week, which makes me on Disability under California law, so I am obviously not going to find coverage for my shifts. But we will see what happens

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