Legal Question in Business Law in California

I work in the medical field. I am an hourly employee. We frequently have mandatory meetings to the tune of about 8 a month. They last 30 min - 90 min. I work the graveyard shift. All meetings are scheduled between 10:00 a.m. and 2:00 p.m. This means I work and then have to come back a few hours later.

Is there anything where they have to pay me at least 2 hrs pay or split shift? Is there anything that says it is dangerous to continually schedule work related meeting during a persons normal sleep hours? I have asked that they do the meetings at the beginning or end of noc shift but they feel it is inconveinent to the person who does our meetings as she works 9:00 am to 4:00 pm. I feel it is dangerous to be driving with no sleep!

Also you have to come to a meeting at 10:00 am to get your check. If you don't come to the 10:00 am meeting you have to wait until 2:00 pm to pick up your check.


Asked on 10/01/09, 3:15 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Are you getting overtime pay which is 1 1/2 times weekdays and double time weekends? Contact me directly.

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Answered on 10/01/09, 5:36 pm
Terry A. Nelson Nelson & Lawless

Yes you are entitled to pay for the work time with minimums that apply, including the meetings and check pickup, and if it results in more than 8 hours per day, you get OT. If they refuse to pay, you can file a claim with the Labor Commissioner. They should not be doing this, and should reschedule so that graveyard people can go straight from shift to meeting.

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Answered on 10/01/09, 7:03 pm
David Haddock David Haddock Legal

Check out the Department of Industrial Relations' page on Reporting Time Pay:

http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm

I provide information about the law designed to help people safely manage their own legal needs. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. I do not know all the facts of your case, and do not represent you. Although I strive to make sure the information I provide is accurate and useful, I recommend you consult a lawyer who can learn the details of your case more completely, to insure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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Answered on 10/02/09, 11:52 am


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