California Employment Law
California Employment Law Questions Answered by Legal Experts
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.
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