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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I called in sick, my employer is still requiring me to check

Customer Question

I called in sick, my employer is still requiring me to check in with him daily, send and respond to emails etc.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Are the emails that you are asked to respond to actual work that you are expected to do?

I'm not sure what you are asking---as you have not posed an actual question---but only listed facts. What can I help you with? I have been a licensed CA employment law attorney for nearly 30 years.

Doug
Customer: replied 1 year ago.

When you call in sick in CA are you required to do any work?

Customer: replied 1 year ago.

when you call in sick are you required to still work from home?

Customer: replied 1 year ago.

please let me know what details you need.

Expert:  LawTalk replied 1 year ago.
Good morning,

Thanks for clarifying that. I have all the information I need.

The fact that you are out sick, does not legally prevent the employer from asking you to do some work from home. However, the employer must pay you your wages for all time you spend working at home, even if it is in addition to the sick pay you may be collecting.

Alternatively, the employer may not deduct for your sick day, but still must pay you for all time worked under CA law.

Additionally, they must pay you for a share of the expenses of you using your computer at home as well---though the value of that claim might be minimal.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.

I am a commission based employee, no salary, not hourly. how does that affect the situation? Thanks for your prompt attention to these questions. I look forward to giving you an A+ review.

Expert:  LawTalk replied 1 year ago.
Good morning,

I was afraid it might be something like that. Keep in mind that in CA, employers mat fire you for any reason---even a lousy one. Even refusing to work from your sickbed would be upheld under the law, I'm afraid.

Under the law, an employer can demand you work from home if you are sick. If you are paid commission, the law still requires that you earn at least minimum wages for all the hours you work in a pay period. So if you make a tone more than minimum wage---working a few hours extra at home is not going to mean that you are earning less than minimum wage.

An extreme example---you are out sick 2 weeks, you work from home 20 hours but make no commission to be paid this pay period. The employer still has to pay you minimum for the 20 hours---$160.00. But if you earned $200 in commissions that 2 week period, the employer owes you nothing more---because you earned at least the minimum.

So, as long as you are paid at least minimum wage each pay period based on all the hours you work---regardless of how your wages may be determined---the employer owes no additional wages because you may have been asked to work extra hours, or from home while you are sick.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

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 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.

So does that mean as a commissioned employee that is on a weekly pay schedule, if I do not make any commission for that pay period the employer owes me min wage for that pay period? As a commissioned employee sometimes I have 1 or 2 weeks I do not have a check because I made no sales.

Expert:  LawTalk replied 1 year ago.
Yes, that is what it means. But the law looks at commissions paid by the month. If you are inside sales---meaning that you spend 50% or more of your time at the employer's office making sales, then in a given month, if you have not earned enough commission to cover your time based on minimum wage, the employer must pay you that minimum wage--despite the fact that you may be on commission. If you are inside sales, to be exempt from minimum wage, you would have to earn 150% of minimum wage during the month.

However, outside sales persons are not entitled to minimum wage. here is a good article on CA law in this regard:

http://www.nchc.com/display-employment-article.asp?EmpID=1



Doug
Customer: replied 1 year ago.

So as an outside employee sales rep, is the company required under CA law to reimburse my travel mileage and toll to my set appointments?

Expert:  LawTalk replied 1 year ago.
So as an outside employee sales rep, is the company required under CA law to reimburse my travel mileage and toll to my set appointments? Yes.

California Labor Code Section 2802 which can be found here will tell you more:

 

 

 

http://law.onecle.com/california/labor/2802.html

See also:


http://www.olawcorp.com/employment-law/california-expense-reimbursement-law-labor-code-2802/

 


I wish you well.



Doug
Customer: replied 1 year ago.

Thank you for the great information. Would my employer legally be able to deny my mileage and toll reimbursement because I did not submit it before the end of the 2012 year? Basically since I am just learning that I am entitled to reimbursement I have not submitted a reimbursement request and am curious if they can legally deny it for any reason, and if they do would I have any legal recourse on my side?

Expert:  LawTalk replied 1 year ago.
Good evening,

The law does not set a time in which expenses must be turned in. In that case a reasonable time is presumed. 3 to 6 months in the past is probably reasonable---15 months ago--probably not.

Also, keep in mind that mileage and tolls related to your commute to and from work are not reimbursable. Only expenses you incur while on the clock and traveling for your employer.

Doug
Customer: replied 1 year ago.

Would me being a licensed insurance agent change any of the situation?


Also they base the appointment scheduling from my home address Tuesday through Friday/Saturday, but I am required to go to the office every Monday. So can I count the miles and toll for the appointments but not for Monday meetings?

Expert:  LawTalk replied 1 year ago.
Would me being a licensed insurance agent change any of the situation?

Do you get a W-2 or a 1099?
Customer: replied 1 year ago.
W2
Expert:  LawTalk replied 1 year ago.
Good morning,

Would me being a licensed insurance agent change any of the situation?
No difference.

Also they base the appointment scheduling from my home address Tuesday through Friday/Saturday, but I am required to go to the office every Monday. So can I count the miles and toll for the appointments but not for Monday meetings?
Whether you drive to the office or a work-site, the first and last trip of the day are your commute. Only trips after reaching the first destination of the day (excluding your trip home) constitute work travel.

We have gotten pretty far afield from your question about whether you can be forced to check in when you are sick. Please know that the Rules of JustAnswer specify that each customer ask one question in each question thread. I would respectfully ask that you open a new question thread if you have a new question to ask of me. You may ask for me personally by referring to me by name (Doug) in the question and I will be able to answer your continuing questions.

Have a good day.

Doug

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