Legal Question in Employment Law in California

remotely working hours and wages

Hi,

I work remotely for a company located in Utah. I live and work from los angeles county, California.

My employer say that I am full time employee but I am not getting paid as full time employee. I need to submit an itemized time sheet My employer also required me to be online and available from 8;30 am to 5:30 pm and logged on to Skype (instant messager) so I can be available to communicate if they have any questions but they are only willing to pay if I actually work on any assignment. In order to be online and logged on into Skype I need to stay at my workstation. I believe I dedicate this time for company and I should get paid for that time when I am logged on into Skype because I can't use this time for anything else. Looking for a lawyer who can help me send a legal notice or letter to my employer. Please also advised me of the cost of such notice or letter.


Asked on 6/02/09, 2:58 am

2 Answers from Attorneys
William Kampf Kampf Whang, LLP

Re: remotely working hours and wages

It sounds like you are correct that they owe you for all time that you are logged in, as it is time that you must devote to the company and are not free to do other things. It's sort of like being "oncall." You will find that there are different options for paying an attorney to represent you in this type of matter. The most common are hourly for the time billed to the matter or on a contingency basis. Feel free to contact me or one of the other attorney members of this website if you want further details.

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Answered on 6/02/09, 2:44 pm
Terry A. Nelson Nelson & Lawless

Re: remotely working hours and wages

A letter probably is not going to do you as much good as filing a claim of unpaid compensation with the Labor Commissioner. You should then be protected against retaliation, or at least would be able to take action if that occurred. If the Labor Commissioner finds in your favor, you would be entitled to all due back pay, interest, penalties and attorney fees. If serious about taking either action, feel free to contact me to discuss the facts.

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Answered on 6/02/09, 3:31 pm


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