Legal Question in Employment Law in California
employer calls me to work on my days off
I was just wondering if my employer can write me up or termintate me if i refuse to work when i have already worked my 40? they continuously call every weekend, when i say no the put me on a guilt trip, saying ''It will look bad on the company if they dont get it staffed'' I work at a home health care agency, as a CHHA. and can you tell me where in the labor code that i can find that it says my company is exempt from paying over-time? and does my job description fall under ''personal attendant''?thank you, im sorry for so many questions, i am so confused with all of this.........
1 Answer from Attorneys
Re: employer calls me to work on my days off
The first step to resolving the question is to ask your employer which exemption they are relying upon in classifying you as exempt from overtime. If, as is likely, they are calling you a "personal attendant," whether this is a proper classification will depend entirely upon the types of tasks you undertake on a daily basis.
Personal attendants are exempt from overtime where they work in a private household and the work is primarily to supervise, feed or dress a child or a person who needs supervision due to age, disability or mental deficiency.
However, nurses or home health care workers who REGULARLY give medications or take temperatures, pulses or respiratory rates usually are not personal attendants.
More information as to the work you perform would be needed to assist in a determination of proper exemption status.
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