Legal Question in Employment Law in California
Should I get paid? Is it fair?
My boss is a dentist. She just recently started to do Invisalign. We were suppose to get trained on taking photos needed for each case. One of my co-worker got trained on it and myself and the back office assistant did not. They told us how we had to practice taking the pictures. I pointed out to the office manager that we had not been trained and she said this is how they are suppose to look (she gave us a sheet of sample pictures) you figure it out. I asked the manager if we would get paid for our time practicing and she asked the doctor and she said yes. We practiced for 2 hrs. We took long because we were having problems with the camera, the angles and the settings. It came time to take pictures on a patient and they said our picture (it requires 2 people to take the pictures) and they said (the doctor and manager) they were not any good. Now she is telling us that she is not going to pay us for the 2hours we spent practicing until we master this skill when I explained to them from the start that we didn't have the training on this and that we wanted some explanations on how to take them. Is this fair? Thank you for you help.
2 Answers from Attorneys
Re: Should I get paid? Is it fair?
I think you should get paid since it was job related. Nevertheless, the reality might be different. Tell the dentist you still need training, otherwise the photos just won't come out right. It seems that that would be fair.
Re: Should I get paid? Is it fair?
California law requires that you be paid for all work hours. On the job training is considered work time. File a claim with the California Labor Commissioner, Division of Labor Standards Enforcement
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