Legal Question in Employment Law in California
called back to work after shift ended
I'm sending this question for a friend in hopes of an answer. He works Monday through Friday 40-hour work weeks, 8 hours per day. Recently after finishing work and arriving home for the evening he was called back to work to take care of an ''emergency''...he works in security for a hospital. Is there any labor law stating that the employer compensate the employee above and beyond the additional time worked upon returning to take care of a problem, in other words in addition to the time accrued past the 8-hour work day?
1 Answer from Attorneys
Re: called back to work after shift ended
The answer to this question depends upon whether your friend is an exempt employee paid a salary(for example, a supervisor or manager), or whether he is non-exempt (regular "worker") paid on an hourly basis. If your friend is non-exempt, the employer must pay him for all hours worked, including overtime for hours worked in excess of 8 in a day or 40 in a week.
On the other hand, if your friend is properly an exempt employee, the employer need not pay for overtime, but generally cannot subtract from his wages if he doesn't work the full 8 hours. One note of caution: Many employees are improperly classified as exempt, when they are actually non-exempt. Employees should not take the employer's statement regarding their exempt status as the truth; additional information on exemptions can be found at the Division of Labor Standards Enforcement website.
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