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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am a salaried employee who worked on a holiday. The organiation

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I am a salaried employee who worked on a holiday. The organiation wants to dock my 8hrs PTO for "holiday" and reimburse me on-call and fee for service. I want them to pay my regular salary and not dock my PTO.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation.

1. Are they demanding to do this before you actually worked the holiday, or after?

2. And, what rational do they have for docking anything, because you worked? Does the on-call and fee cost them less than paying you your hourly rate?

3. Were you scheduled ahead of time to work that holiday?

Doug
Customer: replied 1 year ago.

I was scheduled to oncall 1/1/13 8A- 1/2/13 8a. (i am a hospice nurse). On call reimbursement is $3/hr and $65/nsg visit; $100/admission; and $125/pronouncement.


What happened was that the 800 number to reach the triage nurse was nonoperational. As a result I performed telphonic triage and notified home care pts of how to reach us at alternate number. I did telephone work prior to lunch and needed to do a pt. visit in the afternoon. The orgainization feels the telphonic work is part of "on call". I feel if the function is expected it should have a reimburseable rate the same as the other services. Using their reimburseable fee for service would yield me $3/hr x8hrs and $65 for the visit. I am requesting they pay me salary (which they would do anyway), DON"T pay me on call, put DON'T penalize me by docking my PTO.


They have allowed nurses in the past to preserve their holiday PTO in lieu of working the day. when I asked my supervisor why that is not being allowed in this instance she said I needed "prior approval". I had no way to know their would be an issue with our 24/7 phone line. I did the responsible thing to take care of the patients.

Expert:  LawTalk replied 1 year ago.

Good afternoon Eileen,

 

Quite simply, any time you are doing work for the employer of any kind---be it in a patients home or from your own---making calls---you are on the clock, and not on standby, and you must be paid. It is illegal for them to pay you $3.00 an hour for time you worked for them.

If you worked, they can not dock you for PTO. I'm not sure what you are paid for work that is neither on-call, or patient visit---but that is the argument. And if you normally did that and they paid you salary---that is precisely what they must do in this situation.

If they give you a hard time, file a formal wage complaint at your local office of the California Department of Labor and the Labor Department will investigate the complaint and make sure you are paid.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2013,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 3 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Good evening Eileen,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXXX XXXXX

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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I have 30 years of experience in the practice of law, including employment law and discrimination law.