Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Make up Time in California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Make up Time in California

    Can you please explain how make up time works in California? Thank you!

  • #2
    I'm not familiar with the term, make up time. Can you explain what you mean?
    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.

    Comment


    • #3
      If an employee misses work time from their regular 8 hour day, and decides to make up the lost time later in the same week, the employer is not obligated to pay overtime. For example if I work 6 hours on Monday and 10 hours on Tuesday. My employer does not have to pay 2 hours of OT, because it is make up time. I beleive that California is one of the few states that allow it. I just can't find it written in Labor Law anywhere.

      Comment


      • #4
        Actually, CA is one of the few states where that would NOT be true, which may be why you are having trouble finding it. In CA, and in only a very few other states, OT is compiled on a daily basis, so if you work 6 hours on Monday and 10 hours on Tuesday, your employer WOULD be required to pay you overtime.

        Whereas in most states, overtime is only compiled on a weekly basis, so it wouldn't matter how many hours you worked in a single day; it's the total hours at the end of the week that determines whether you get OT or not.
        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.

        Comment


        • #5
          I found this but it was written in 2000:

          What about "make-up" time?

          When personal obligations require an employee to be absent from work for a short time, the new law allows for that employee to "make-up" the hours without activating a requirement for paid overtime. Employees who are working an alternative workweek schedule are NOT eligible to use "make-up" provisions of the new law. To make-up time, the employee must meet all of the following criteria:

          Provide a signed written request for each occasion when make-up time is desired.
          Make-up time must be approved in writing by the employer.
          Time must be made up within the same workweek as the personal time off was taken.
          Make-up time may not be used to create an alternative work schedule.
          Employers are prohibited from encouraging or soliciting workers to make the request.

          Comment


          • #6
            I'll have to check into this a little further, because if I'm not mistaken that's exactly the year that daily overtime compiling was last made law and I haven't had non-exempt employees in CA since that time. It's possible that they made this provision and since I never needed to know it, it didn't come up. If this provision is still in effect, then the reason CA is the only state with this law is that it's not needed in other states, since they don't require OT on a daily basis.

            Give me some time to do research on this, okay?
            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.

            Comment


            • #7
              No problem, thank you for looking!

              Comment


              • #8
                Make-up time

                This is the current law on make-up time in California

                Employers have the option of offering makeup time to their employees, allowing them to request time off for a personal obligation and make up the time without an employer having to pay overtime. Employers are not obligated to offer this option.

                An employer who chooses to offer makeup time must comply with the following:

                An employee may work no more than 11 hours on another workday, and no more than 40 hours in a workweek, to make up the time off;

                The time must be made up within the same workweek;

                The employee must provide a signed, written request to the employer for each occasion that makeup time is desired. (There is an exception if an employee knows in advance that he or she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of weeks. In that case the employee may request to make up work time for up to four weeks in advance, but the makeup work must be performed in the same workweek that the work time was lost.); and

                While an employer may inform an employee of the makeup time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer's approval for makeup time.
                Last edited by hrmanager1; 08-26-2005, 02:34 PM.

                Comment


                • #9
                  Thanks, hrmanager1.
                  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.

                  Comment

                  The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                  Working...
                  X