California Employment Law
California Employment Law Questions Answered by Legal Experts
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Do you believe you are actually working more than 100 hours per week?
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This past week I have worked more than 100 hours. The clinic log showing the care rendered also reflects that. I am also required to be on premises at all times waiting in the event of a serious illness or injury. I am not allowed to spend my time truely free from my duties.
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I was also reading the california labor codes can you elaborate on 554 which states that the one in seven law can be applied to the month so I can work 26 days in a row as long as im given 4 days off in the month. But I think if I am not mistaken those who are in a role other than like lets say a wildland fire fighter would be exempt from that.
I also have another question its true that since I am not allowed to leave the premises during those "on call" times that I am technically by law still on duty and must therefore be compensated for that time at no less than minimum wage.
I guess in summary my question is since I am here 24/7 must be on the premises and available for emergencies and to care for the sick and injured, and that if I am not tending to a patient I must still remain on the premises available for such I am entitled to pay and overtime for all the time I am on the premises.
Yes, Section 554 would typically apply to firefighters or others who work in a similar capacity where they cannot simply take a day of rest while the fire rages on. It would not normally apply to your situation where the employer should alleviate your workload by hiring another person.Yes, if you are not permitted to leave the premises, you should normally be paid for the on-call time.Where an employee's on-duty period extends for 24 hours or more, both sleep time and uninterrupted meal periods of at least 30 minutes many be excluded from working time though typically under CA law.Here is a link which summarizes this:http://www.inteconlaw.com/employment_law.htm
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