Legal Question in Employment Law in California
employer requiring empoyees be at work station prior to start of shift
I understand that there is labor law, or a Ca. court decision that employers can not require employee to be at work stations prior to start of shift or punching the clock. If so can you steer me toward it. I will be needing it in writting if possible. My place of business employs well over 100 people and it is policy that we be early to our work station. Would we likely have a case for backpay it this policy is illegal?
2 Answers from Attorneys
Re: employer requiring empoyees be at work station prior to start of shift
The basic rule is that employees must be paid for all time they are controlled by the employer. The definition contained in the California Wage Orders says: "HOURS WORKED" means the time during which an employee is subject to control by the employer, and includes the all time the employee is suffered or permitted to work, whether or not required to do so. Thus, if the employer requires employees to appear at a specific time prior to the scheduled time, and employees can prove that they actually appear and are present at that time, compensation may be due. Contact me to discuss the specifics of your case.
Re: employer requiring empoyees be at work station prior to start of shift
Please look at Wage Orders Section 2(H): "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so". Generally..."engaged to wait" = hours worked, "waiting to be engaged" = not hours worked. You have to start with a demand letter. If does not work ..you can take your employer to Labor Commissioner. For any help...don't hesitate to call me
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