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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Under California Law if an employer calles an employee with

Customer Question

Under California Law if an employer calles an employee with a work related question after hours or on the employees day of is the employer required to pay the employee for the time and is their a minnum amount of time that the employer is required to pay?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.

If the employee is not a salaried employee and answering the work related question would be considered to be part of the employee's duties, then the employee would be enttitled to be paid for answering the work related question.

That means that if the employee is engaging in work duties, the employee would be entitled to compensation, but if the call is merely related to scheduling or about some administrative aspect of the job, it wouldn't be considered work.

California's 'reporting time' regulation would apply if the employee is called after hours or on a day off, which would require that the employee receive at least two hours in compensation.

This comes from section 5(A) of Wage Order Number 5-2001, which states:

"Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work, the employee shall be paid for half the usual or scheduled day's work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee's regular rate of pay, which shall not be less than the minimum wage."

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