California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Thank you for your help. So chances are our employees, will be paid a fixed daily rate anyway. If for whatever reason it was an hourly rate I just wanted to clarify, even if they were "on-set" for a certain length of time, some of which could include tutoring or rest/recreation time, if they were not actually "working" those hours they would not have to be paid an hourly rate for them?
That's correct. A minor is only paid for the hours worked, if being paid hourly, rather than as a salary-exempt professional. However, the employer must provide additional "rest and recreation" time, the amount determined by the child's age. And, where a minor is being tutored "on-set," it is arguable that the minor may be under the control of the employer sufficient to require wage payment, though it's important to understand only when a performer is actually being filmed can it be absolutely stated that the performer is "working." At other times, the issue devolves into a factual inquiry as to what sort of control the employer is exercising.
DLSE Opinion Letter 2003.02.25 provides a useful discussion of the issue -- however, it is anything but black and white.Hope this helps.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).