Legal Question in Employment Law in California

Employer requires employee to perform uncompensated services

I am a California Licensed Clinical Scientist working in a hospital. My employer recently acquired a contract w/various law enforcement agencies to draw blood specimens from persons arrested for (mostly) blood alcohol levels. I am required to perform this service as part of my job, plus fill out and sign various legal documents regarding my act in reference to the suspect and arresting officer. If I were to refuse to perform this new duty I would be subject to (and very likely would be)discharged. I presently have 23 years service.

The Real Issue

I have been informed by my employer that if called upon by subpoena to appear in court as a witness as a direct result of my having drawn the above blood specimen, on the job and as a requirement of employment, I must appear on my own time, I will receive no compensation whatsoever, in the form of either time or pay from my employer; for court time, travel, or any other related expense.

Is This Lawful?

My employer collects money for each and every time I and others perform the above described service. Why are we required to perform the service but when called to court, must spend any and all such time and expense uncompensated?


Asked on 12/15/99, 7:29 pm

1 Answer from Attorneys

Roger Renfro Renfro & Associates Law Corporation

Re: Employer requires employee to perform uncompensated services

This response assumes you work for a California employer within California. It is unclear whether your employer compensates you at an hourly rate or by salary. If you are paid hourly, and your job duties require you to testify in court, your employer probably has to pay you for doing so. Other the other hand, if you are a salaried employee, your full salary is normally paid irrespective of the number of hours you actually work (assuming you are classified as an exempt employee, which your job title seems to imply). Thus, as far as the amount of your salary is concerned, it probably is unaffected by the number of hours you "work" for your employer, either at the employer's plant or the court house. These matters are normally controlled by an agreement reached between employer and employee regarding issues such as amount of compensation, compensatory time off in lieu of compensation, and the like. With respect to work related, required business expenditures by employees, most California employers generally are required to reimburse an employee for all such expenses. Of course, if you have an employment agreement stating otherwise, then the terms of the agreement will prevail unless otherewise deemed unlawful by law. You can always contact the Labor Commissioner or consult with a local employment attorney to determine your rights and your employer's responsibilities under these circumstances.

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Answered on 12/17/99, 11:09 am


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