Legal Question in Employment Law in California
Switing overtime hours for extra time off on other days
We have some employees who work over-time on certain days. Upper Management asked me to give them time off on future days to make up for the overtime worked. One employee came to me and said he would rather have the overtime on his check. Please advise as to our legal rights/you recommendations. 2nd question: Our Sales Team uses their own cars for sales calls in the field. They each get a car allowance monthly. If they get in an accident during work hours, is our company responsible for repairing their car? Thank you so much for your assistance.
1 Answer from Attorneys
Re: Switing overtime hours for extra time off on other days
It is not clear from your question what it is that management has in mind. Giving non-exempt employees time off does not relieve the company from owing the employee overtime premiums at the rate of one and one-half times their hourly pay for any hours worked over 8 hours a day or 40 hours a week. This is an obligation that cannot be waived, even if the employee is willing to do so.
Perhaps the company has in mind setting up an alternative work schedule, such as a 4 day work week at 10 hours a day, without having to pay overtime premiums. If so, the employees must voluntarily vote for such an arrangement, without any prompting by the employer and there are strict guidelines that must be followed.
If company employees get in an accident in the course of their employment, the company will be held liable for all damages that arise, unless the employee was grossly negligent. Workers compensation may cover any injuries suffered by the employee, but car damages are the responsibility of the company or its insurance provider.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
