Wage And Hour Summary

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California Labor Code in general

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1.1.1.1. California Labor Code sections 1171 et seq. governs wages, overtime, maximum hours, vacation pay, enforcement procedures, child labor, equal pay and record-keeping requirements. Sections 1720 et seq. establish special wage and hour rules for labor performed on state public works

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Wage Orders of the Industrial Welfare Commission in general

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17 wage orders for different industries and one general wage order for minimum wage, overtime pay and rest and meal breaks. There are 12 industry wage orders which covers all workers regardless of class within a type of business. Then there are five occupational wage orders.

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DLSE in general

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The Division of Labor Standards Enforcement, headed by the Labor Commissioner, enforces the wage orders and Labor code. The DLSE has a manual that regurgitates DLSE and court opinions and DLSE opinion letters

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Federal Law: The Fair Labor Standards Act (FLSA)

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The FLSA is federal oversight of wage and hour laws governing, minimum wage, maximum hours, child labor, overtime pay, equal pay and recordkeeping. The law is codified in regulations at Title 29. TheWage and Hour Division operates the law and issues opinion letters.

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Where State and Federal Law Conflict

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There is no conflict because the FLSA does not preempt California law

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General Coverage: Employer-Employee Relationship - who's covered

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Only employees are covered.

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General Coverage: Employer-Employee Relationship: who's covered in California

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In California, employees who work in California are covered

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General Coverage: Employer-Employee Relationship: who's covered by federal law

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Employees who work in interstate commerce or under covered enterprises are covered

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Covered enterprise: definition

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One where at least two workers are working in interstate commerce and where annual gross sales are at least 500,000. All of an employers’ business operations that share a common purpose are aggregated for purposes of the test

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Covered enterprise: Automatic inclusion

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Hospitals, schools, care homes and public agencies are automatically considered covered enterprises regardless of the results of the test or the fact that they are not for profit enterprises

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General Coverage: Employer-Employee Relationship: Immigration status

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Does not matter for protection

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General Coverage: Employer-Employee Relationship: Joint employment

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Depending on the strength of control of two or more employers over an employee, joint employers are jointly liable for the wage laws

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Services Not Deemed “Employment” for Purposes of State and Federal Law: Independent contractors

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Status determined by the extent of control an employer has over the worker

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Services Not Deemed “Employment” for Purposes of State and Federal Law: Volunteers

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For profit enterprises cannot use volunteers, just humanitarian, religious or public service organizations. There can’t be any payment of money or in kind compensation. A nonprofit worker can’t volunteer part of her duties. A non-profit that has commercial ventures cannot staff the commercial ventures with volunteers.

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Services Not Deemed “Employment” for Purposes of State and Federal Law: Trainees

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There are 11 factors to consider including 1) training must be for the benefit of the trainee 2) the employer must not derive any immediate benefit from the training 3) no wages will be paid 4) the training should be specific to the field of work and not one employer

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White-collar exemptions under state laws - categories and tests

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Executive, professional, administrative exemptions are based on the salary basis and duties tests.

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Salary basis test

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The worker must earn no less than twice the minimum wage for a 40 hour work week as a salary. The pay must be in the form of a salary that runs at least weekly and can’t be not paid weekly unless there is no work for a full week. Pay can be deducted if the worker did not work a full week in the first or last week of work

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Duties test

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The worker’s work duties will be evaluated based on the realistic job requirements. The worker’s job title is not determinative. The employee must customarily and regularly exercise discretion and independent judgment over “matters of significance” (important policy, financial or other matters).

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Executive exemption

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1.4.3.1.3.1.Must manage the business or department within the business

1.4.3.1.3.2.The worker customarily and regularly exercises discretion and independent judgment over significant matters.

1.4.3.1.3.3.The worker customarily and regularly directs the work of two or more employees in the same department

1.4.3.1.3.4.The worker has real input into the hiring and firing process

1.4.3.1.3.5.The worker spends more than half her work doing exempt activities

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Administrative Exemption

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1.4.3.1.4.1.The worker must perform office or non-manual work directly related to the management policies or general business operations of the employer

1.4.3.1.4.2.The work must be of substantial importance to the management or operation of the business

1.4.3.1.4.3.The worker customarily and regularly exercises discretion and independent judgment over significant matters

1.4.3.1.4.4.The work must satisfy three requirements

1.4.3.1.4.4.1.The worker must regularly and directly assist the proprietor or exempt executive or administrator

1.4.3.1.4.4.2.The worker employs, with minimal supervision, specialized or technical work that requires specialized training, experience or knowledge

1.4.3.1.4.4.3.The worker performs special assignments and tasks under only general supervision

1.4.3.1.4.5.The worker must spend over half of his time doing exempt activities

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Professional Exemption

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1.4.3.1.5.1.The worker must be part of one of eight specified professions or part of a learned or artistic professions

1.4.3.1.5.2. Specified professions: law (excluding paralegals), medicine (excluding most nurses), dentistry, optometry, architecture, engineering, teaching and accounting

1.4.3.1.5.3.The worker is considered part of a learned profession only after completing a course of advanced study (eg. Social workers)

1.4.3.1.5.4 Artistics professionals qualify due to the creative and innovative nature of their artistic craft

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Relatives Exemption

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The state wage orders exempt parents, children and spouses of the employer. FLSA exempts relatives where the entire business is comprised of relatives.

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Outside salespeople exemption

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Outside sale workers are exempt. Under the FLSA, workers are exempt whose primary function or incidental function is related to outside sales.

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Non-profit and religious organizations exemption

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State law does not exempt these entities though the FLSA does for those activities that are not commercial.

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Government Employee Coverage Under State and Federal Law

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1.4.4.1. State law: State workers only receive partial coverage under the wage laws and must file in state court for relief

1.4.4.2. Federal law: The FLSA applies to government workers although sovereign immunity gums up the works

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Union Employees’ Coverage Under State and Federal Law

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Union workers are still protected under state and federal law, though protection can be preempted by a collective bargaining agreement

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Labor Code 200.

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Wages

As used in this article: (a) "Wages" includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.
(b) "Labor" includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment.

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Labor Code 201.

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Wages payable on termination

(a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. An employer who lays off a group of employees by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish or vegetables, shall be deemed to have made immediate payment when the wages of said employees are paid within a reasonable time as necessary for computation and payment thereof; provided, however, that the reasonable time shall not exceed 72 hours, and further provided that payment shall be made by mail to any employee who so requests and designates a mailing address therefor.

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Labor Code 202.

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Wages payable upon quitting

(a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Notwithstanding any other provision of law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting.

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Labor Code 203.

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Waiting Time Penalties

(a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment.
(b) Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.

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Labor Code 203.1.

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Bad Check Waiting Time Penalties

If an employer pays an employee in the regular course of employment or in accordance with Section 201, 201.3, 201.5, 201.7, or 202 any wages or fringe benefits, or both, by check, draft or voucher, which check, draft or voucher is subsequently refused payment because the employer or maker has no account with the bank, institution, or person on which the instrument is drawn, or has insufficient funds in the account upon which the instrument is drawn at the time of its presentation, so long as the same is presented within 30 days of receipt by the employee of the check, draft or voucher, those wages or fringe benefits, or both, shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced. However, those wages and fringe benefits shall not continue for more than 30 days and this penalty shall not apply if the employer can establish to the satisfaction of the Labor Commissioner or an appropriate court of law that the violation of this section was unintentional. This penalty also shall not apply in any case in which an employee recovers the service charge authorized by Section 1719 of the Civil Code in an action brought by the employee thereunder.

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California Labor Code 204.

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Payment of Wages in Regular Course of Employment

(a) All wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month. However, salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair Labor Standards Act, as amended through March 1, 1969, in Part 541 of Title 29 of the Code of Federal Regulations, as that part now reads or may be amended to read at any time hereafter, may be paid once a month on or before the 26th day of the month during which the labor was performed if the entire month's salaries, including the unearned portion between the date of payment and the last day of the month, are paid at that time.

(b) (1) Notwithstanding any other provision of this section, all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period.
(2) An employer is in compliance with the requirements of subdivision (a) of Section 226 relating to total hours worked by the employee, if hours worked in excess of the normal work period during the current pay period are itemized as corrections on the paystub for the next regular pay period. Any corrections set out in a subsequently issued paystub shall state the inclusive dates of the pay period for which the employer is correcting its initial report of hours worked.

(c) However, when employees are covered by a collective bargaining agreement that provides different pay arrangements, those arrangements shall apply to the covered employees.

(d) The requirements of this section shall be deemed satisfied by the payment of wages for weekly, biweekly, or semimonthly payroll if the wages are paid not more than seven calendar days following the close of the payroll period.

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California Labor Code 204a

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Payment of Wages at a Central Place

When workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers, or some of them, cooperate to establish a plan for the payment of wages at a central place or places and in accordance with a unified schedule of pay days, all the provisions of this chapter except 201, 202, and 208 shall apply. All such workers, including those who have been discharged and those who quit, shall receive their wages at such central place or places. This section shall not apply to any such plan until 10 days after notice of their intention to set up such a plan shall have been given to the Labor Commissioner by the employers who cooperate to establish the plan. Having once been established, no such plan can be abandoned except after notice of their intention to abandon such plan has been given to the Labor Commissioner by the employer intending to abandon the plan.

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California Labor Code 204b

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Payment to Weekly Workers

Section 204 shall be inapplicable to employees paid on a weekly basis on a regular day designated by the employer in advance of the rendition of services as the regular payday. Labor performed by a weekly-paid employee during any calendar week and prior to or on the regular payday shall be paid for not later than the regular payday of the employer for such weekly-paid employee falling during the following calendar week.

Labor performed by a weekly-paid employee during any calendar week
and subsequent to the regular payday shall be paid for not later
than seven days after the regular payday of the employer for such
weekly-paid employee falling during the following calendar week.

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California Labor Code 204c

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Payment to Certain Administrative, Executive and Professional Employees

Section 204 shall be inapplicable to executive, administrative or professional employees who are not covered by any collective bargaining agreement, who are not subject to the Fair Labor Standards Act, whose monthly remuneration does not include overtime pay, and who are paid within seven days of the close of their monthly payroll period.

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California Labor Code 204.1

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Payment of Wages to Car Dealership Commissioned Workers

Commission wages paid to any person employed by an employer licensed as a vehicle dealer by the Department of Motor Vehicles are due and payable once during each calendar month on a day designated in advance by the employer as the regular payday. Commission wages are compensation paid to any person for services rendered in the sale of such employer's property or services and based proportionately upon the amount or value thereof.

The provisions of this section shall not apply if there exists a collective bargaining agreement between the employer and his employees which provides for the date on which wages shall be paid.

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Calculating Hours Worked: Defining Work

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Work is where the employer directs work or knows or has reason to believe that the worker will work or primarily benefit the employer

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Calculating Hours Worked: Employees Who Reside On Premises

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Wage Order 5-2001 specifies that commercial live-in workers be compensated only for time actually worked. Wage Order 15-2001 covers workers in private households (eg. Housecleaners)

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Calculating Hours Worked: Rounding Off

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The employer can round up or down five minutes, one-tenth or one quarter hours.

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Calculating Hours Worked: De minimus

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Workers not compensated for tasks that take only a few minutes. Under state or federal law de minimus status is determined by 1) the practical administrative difficulties of recording the additional time 2) the aggregate number of compensable time and 3) the regularity of the additional work. Uniform changing routines are examples of small tasks that are not considered de minimus.

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California Labor Code 204.2

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Wages Of Exempt Employees In Addition To Salary

Salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair Labor Standards Act of 1938, as amended through March 1, 1969, (Title 29, Section 213 (a)(1), United States Code) in Part 541 of Title 29 of the Code of Federal Regulations, as that part now reads, earned for labor performed in excess of 40 hours in a calendar week are due and payable on or before the 26th day of the calendar month immediately following the month in which such labor was performed. However, when such employees are covered by a collective bargaining agreement that provides different pay arrangements, those arrangements will apply to the covered employees.

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California Labor Code 205

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Certain Occupations Where Employees Receive Room And Board

In agricultural, viticultural, and horticultural pursuits, in stock or poultry raising, and in household domestic service, when the employees in such employments are boarded and lodged by the employer, the wages due any employee remaining in such employment shall become due and payable once in each calendar month on a day designated in advance by the employer as the regular payday. No two successive paydays shall be more than 31 days apart, and the payment shall include all wages up to the regular payday. Notwithstanding the provisions of this section, wages of workers employed by a farm labor contractor shall be paid on payroll periods at least once every week on a business day designated in advance by the farm labor contractor. Payment on such payday shall include all wages earned up to and including the fourth day before such payday.

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California Labor Code 205.5

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Most Agricultural Emp loyees:

All wages, other than those mentioned in Sections 201 and 202, earned by any agricultural employee, as defined in Section 1140.4, are due and payable twice during each calendar month, on days designated in advance by the agricultural employer as the regular paydays. Labor performed between the 1st and the 15th days, inclusive, of any calendar month shall be paid between the 16th and the 22nd day of the month during which the labor was performed. Labor performed between the 16th and the last day, inclusive, of any calendar month shall be paid between the first and the seventh day of the following month. Agricultural employees, as used in this section, shall not include those employees who are covered by Section 205.

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California Labor Code 204.3

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COMPENSATING TIME OFF.

(a) An employee may receive, in lieu of overtime compensation, compensating time off at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required by law. If an hour of employment would otherwise be compensable at a rate of more than one and one-half times the employee's regular rate of compensation, then the employee may receive compensating time off commensurate with the higher rate.

(b) An employer may provide compensating time off under subdivision (a) if the following four conditions are met:

(1) The compensating time off is provided pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other written agreement between the employer and the duly authorized representative of the employer's employees; or, in the case of employees not covered by the aforementioned agreement or memorandum of understanding, pursuant to a written agreement entered into between the employer and employee before the performance of the work.

(2) The employee has not accrued compensating time in excess of the limit prescribed by subdivision (c).

(3) The employee has requested, in writing, compensating time off in lieu of overtime compensation.

(4) The employee is regularly scheduled to work no less than 40 hours in a workweek.

(c) (1) An employee may not accrue more than 240 hours of compensating time off. Any employee who has accrued 240 hours of compensating time off shall, for any additional overtime hours of work, be paid overtime compensation.

(2) If compensation is paid to an employee for accrued compensating time off, the compensation shall be paid at the regular rate earned by the employee at the time the employee receives payment.

(d) An employee who has accrued compensating time off authorized to be provided under subdivision (a) shall, upon termination of employment, be paid for the unused compensating time at a rate of compensation not less than the average regular rate received by the employee during the last three years of the employee's employment, or the final regular rate received by the employee, whichever is higher.

(e) (1) An employee who has accrued compensating time off authorized to be provided under subdivision (a), and who has requested the use of that compensating time, shall be permitted by the employee's employer to use the time within a reasonable period after making the request, if the use of the compensating time does not unduly disrupt the operations of the employer.

(2) Upon the request of an employee, the employer shall pay overtime compensation in cash in lieu of compensating time off for any compensating time off that has accrued for at least two pay periods.

(3) For purposes of determining whether a request to use compensating time has been granted within a reasonable period, the following factors shall be relevant:

(A) The normal schedule of work.

(B) Anticipated peak workloads based on past experience.

(C) Emergency requirements for staff and services.

(D) The availability of qualified substitute staff.

(f) Every employer shall keep records that accurately reflect compensating time earned and used.

(g) For purposes of this section, the terms "compensating time" and "compensating time off" mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate.

(h) This section shall not apply to any employee exempt from the overtime provisions of the California wage orders.

(i) This section shall not apply to any employee who is subject to the following wage orders of the Industrial Welfare Commission: Orders No. 8-80, 13-80, and 14-80 (affecting industries handling products after harvest, industries preparing agricultural products for market on the farm, and agricultural occupations), Order No. 3-80 (affecting the canning, freezing, and preserving industry), Orders No. 5-89 and 10-89 (affecting the public housekeeping and amusement and recreation industries), and Order No. 1-89 (affecting the manufacturing industry).

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California Labor Code 513

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Makeup Work Time

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.

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California Labor Code 206

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Conceded Wages Must Be Paid Without Condition:

(a) In case of a dispute over wages, the employer shall pay, without condition and within the time set by this article, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed.

(b) If, after an investigation and hearing, the Labor Commissioner has determined the validity of any employee's claim for wages, the claim is due and payable within 10 days after receipt of notice by the employer that such wages are due. Any employer having the ability to pay who willfully fails to pay such wages within 10 days shall, in addition to any other applicable penalty, pay treble the amount of any damages accruing to the employee as a direct and foreseeable consequence of such failure to pay.

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California Labor Code 206.5

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Release Of Claim Of Wages Illegal Unless Wages Previously Paid:

a) An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor.

(b) For purposes of this section, "execution of a release" includes requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period which the employer knows to be false.

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California Labor Code 207

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Required Notices Of Payd ays And Place Of Payment

Every employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular pay days and the time and place of payment, in accordance with this article.

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California Labor Code 208

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Place Of Payment Of Wages At Termination

Every employee who is discharged shall be paid at the place of discharge, and every employee who quits shall be paid at the office or agency of the employer in the county where the employee has been performing labor. All payments shall be made in the manner provided by law.

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California Labor Code 209

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Wage Payment In E vent Of Strike

In the event of any strike, the unpaid wages earned by striking employees shall become due and payable on the next regular pay day, and the payment or settlement thereof shall include all amounts due the striking employees without abatement or reduction. The employer shall return to each striking employee any deposit, money, or other guaranty required by him from the employee for the faithful performance of the duties of the employment.

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California Labor Code 219

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Private Agreement May Not Contravene Pay Provisions.

(a) Nothing in this article shall in any way limit or prohibit the payment of wages at more frequent intervals, or in greater amounts, or in full when or before due, but no provision of this article can in any way be contravened or set aside by a private agreement, whether written, oral, or implied.

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California Labor Code 210

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Pen alty For Failure To Pay Wages During C ourse Of Employment:

(a) In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the wages of each employee as provided in Sections 201.3, 204, 204b, 204.1, 204.2, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:

(1) For any initial violation, one hundred dollars ($100) for each
failure to pay each employee.

(2) For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld.

(b) The penalty shall be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.

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California Labor Code 212

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Payment By Non-Sufficient Funds Instrument Illegal

(a) No person, or agent or officer thereof, shall issue in payment of wages due, or to become due, or as an advance on wages to be earned:

(1) Any order, check, draft, note, memorandum, or other acknowledgment of indebtedness, unless it is negotiable and payable in cash, on demand, without discount, at some established place of business in the state, the name and address of which must appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer has sufficient funds in, or credit, arrangement, or understanding with the drawee for its payment.

(2) Any scrip, coupon, cards, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money.

(b) Where an instrument mentioned in subdivision (a) is protested or dishonored, the notice or memorandum of protest or dishonor is admissible as proof of presentation, nonpayment and protest and is presumptive evidence of knowledge of insufficiency of funds or credit with the drawee.

(c) Notwithstanding paragraph (1) of subdivision (a), if the drawee is a bank, the bank's address need not appear on the instrument and, in that case, the instrument shall be negotiable and payable in cash, on demand, without discount, at any place of business of the drawee chosen by the person entitled to enforce the instrument.

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California Labor Code 213

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Not All Payments Subject To Section 212:

Nothing contained in Section 212 shall:

(a) Prohibit an employer from guaranteeing the payment of bills incurred by an employee for the necessaries of life or for the tools and implements used by the employee in the performance of his or her duties.

(b) Apply to counties, municipal corporations, quasi-municipal corporations, or school districts.

(c) Apply to students of nonprofit schools, colleges, universities, and other nonprofit educational institutions.

(d) Prohibit an employer from depositing wages due or to become due or an advance on wages to be earned in an account in any bank, savings and loan association, or credit union of the employee's choice with a place of business located in this state, provided that the employee has voluntarily authorized that deposit. If an employer discharges an employee or the employee quits, the employer may pay the wages earned and unpaid at the time the employee is discharged or quits by making a deposit authorized pursuant to this subdivision, provided that the employer complies with the provisions of this article relating to the payment of wages upon termination or quitting
of employment.

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Maximum Hours; general rule

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A worker must get one day off after seven days of work unless the business reasonably requires a more extended schedule. In that case, the employee is entitled to a day of rest once each calendar month.

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Maximum Hours: exceptions

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The maximum hours requirement does not apply to

2.2.2.1. Workers who work less that thirty hours a week or six hours on any day of the week

2.2.2.2. Union workers under a CBA that regulates the hours to be worked

2.2.2.3. Emergencies

2.2.2.4. Work to prevent loss, protect life or property

2.2.2.5. Agricultural workers

2.2.2.6. Common carrier workers related to the movement of trains

2.2.2.7. DLSE exemptions for hardship

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On Call” Or “Stand-By” Time

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On call time is compensable under a range of factors relating to how much control the employer has over the worker during that time. These factors include

2.4.1.1. Geographical restrictions

2.4.1.2. Required response times

2.4.1.3. Impact on personal activities

2.4.1.4. Whether uncompensated time is part of a reasonable and longstanding industry practice

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Reporting Time Pay (“Show Up” Pay)

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2.5.1. A worker who shows up for work and is sent home after less than a half-shift will be paid for the half-shift, at least for two hours and at most for four hours. If the worker comes back later that day and spends less than two hours on the job, she will be paid two extra hours.

2.5.2. An employer does not have to pay reporting time pay for acts of God or other events beyond the employer’s control

2.5.3. A worker who is fired early in a work day can collect reporting time pay.

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Split Shift Premiums

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One hour of time between shifts will be paid at minimum wage. If the employee is paid more than minimum wage, the amount of money over minimum wage during the first shift will be counted against the wage paid for the split shift pay. On premises employees are not paid the split shift premium.

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Travel Time

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2.7.1. Commute Time

2.7.1.1. Commute time is compensable if the employer requires the worker to use its transportation and won’t allow the worker to use their own transportation. This is compulsory travel time. Commute time to locales away from a fixed working place are also compensable. The worker is paid for any extra commute time. Federal law does not compensate for any commute time.

2.7.2. Travel Time During Workday

2.7.2.1. The worker is paid for traveling during the work day if the travel is related to the job

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Sleeping Time

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2.8.1. Shifts Shorter Than 24 Hours

2.8.1.1. A worker who works less than 24 consecutive hours must be paid for his time, even if allowed to sleep for part of that time

2.8.2. Shifts Longer than 24 Hours

2.8.2.1. The worker is not compensated for up to 8 hours of sleep time if the shift is more than 24 hours. The employer must provide sleep facilities and provide the worker time to sleep for at least 5 consecutive hours. Otherwise, all of the time on the shift is paid for.

2.8.3. Employees Who Reside on Premises

2.8.3.1. Under Wage Order 5-2001, sleep time is not compensable – only time actually spent working.

2.8.4. Live-in Employees in Private Households

2.8.4.1. Workers are entitled twelve free hours in a 24 hour day that is not compensated.

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“Volunteer” Time

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A worker must be paid for going to voluntary meetings for the benefit of the employer or to “catch up” for slow production.

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Changing Clothes or Other Preparatory or Cleanup Tasks

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Under state law, time spent changing clothes or preparing for work or cleanup is compensable if it is not de minimus and if it is “compelled by the necessaries of the employer’s business.” Federal law is stricter and requires that the activity be “an integral and indispensable part of the principal activities”

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Deductions for Lateness

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The employer can deduct for 30 minutes of time if the worker is late less than 30 minutes. The employer cannot deduct any time if the worker comes more than 30 minutes late.