How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31734
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

HI, I was offered a job at a camp as a paramedic. I was

Resolved Question:

HI,

I was offered a job at a camp as a paramedic. I was told I would be working for 5 weeks from June 29-Aug 7. Before the camp started she e-mailed me asking me to speak with her about days off. I responded stating I did not expect any days off since they told me I would not be doing anything for half a day or so that I would need to find a way to entertain myself. I am expected to stay on the premises 24/7 and be available for kids to come in for injuries or illnesses whenever they want ( just today after expressing my exhaustion she put times up that the clinic at camp would be open but expressed I would still need to be on the premises for emergencies) I have been working since saturday mid day and it has become almost 18 hour days of work seeing kids for a multitude of illnesses and injuries I wake up most days around 630 to a sick kid and go to sleep around midnight passing out the last medications for the kids and seeing them before bedtime. I am woken up routinely in the middle of the night to check a temperature or something of that nature. I have asked many times for a day off and the response is that she (the director) can not find anyone to cover for me while I am gone. I asked her what their plan was in the event I was to get sick and needed time off her response was " we all work at camp even while sick". I have signed a pretty worthless contract stating i will be paid 800/week for working at the camp between the dates of june 29 through aug 7th. I have a feeling this is against the california employment code. Can I just leave without the fear or recourse from them are they paying me correctly and can I file with the labor commission about the fact that i am here 24/7 she says i cant leave the premises and have to be available 24/7 and tries to call the times between kids coming in to the clinic as rest time....
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

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?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

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.

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation for me, Kris. It is certainly clear why you are exhausted.

First, CA law typically requires that employers pay employees at least minimum wage for all hours actually worked. Where you are working more than 100 hours per week and being paid $800 for that week, that would typically violate state wage and hour laws, including overtime laws which require employees be paid time and 1/2 for all hours exceeding 8 per day. So you do appear to have a wage claim for back wages owed against the employer which could be filed with the state labor board if the employer refuses to comply with the law.

In addition, Labor Code Section 551 provides that every employee is typically entitled to one days rest in 7, so there appears to be a violation of that code as well, which could be filed with the labor board. Here is a link to the statute:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

Here is a link to the labor board's site to file a claim:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

On call time may also need to be compensated by the employer if you are unable to use the time for personal use, so I would raise that issue with the labor board as well.


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

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.

Expert:  Tina replied 1 year ago.

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

Tina, Attorney
Satisfied Customers: 31734
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    845
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    329
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3365
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.