California Employment Law
California Employment Law Questions Answered by Legal Experts
So, A) Am I correct on my compensation interpretation?, and B) Where would I find sleep-time requirements?Hello, In the recent case of Mendiola v. CPS SECURITY SOLUTIONS, INC., 217 Cal.App.4th 851 (Cal. App. 4th 2013), the California 4th District Court of Appeals made a decision which closely aligns to the facts you describe relating to your spouse. More important than the decision itself, is the discussion of the various issues surrounding on-call and sleep time:
In sum, the sort of on-call requirements of your husband's job almost certainly require that he be paid minimum wage while waiting for an assignment. However, it's unlikely that the sleep requirements would require similar compensation, unless your husband is sleeping at his employer's location, or in his truck.
What is potentially important, is that if your husband is being required to work more than 6 days in 7, then the minimum wage may be increased on day 7 to time and a half -- and unless he is given a day off for each seventh day worked during any calendar month, then he would be entitled to damages for the violation including the unpaid overtime, liquidated damages (twice the minimum wage), plus $50 for the first seventh day violation, and $100 for every subsequent violation.
Concerning the relevant general laws, IWC Order #9-2001 applies to tow drivers.
Please let me know if my answer is helpful, or if I can provide further clarification or assistance.
His 120 hours on-call is like this: 96 hours on-call, 48 hours off, 96 hours on-call. So, in a 7 day period he is on-call for a total of 120 hours. He is not required to sleep at the yard and his employer does not provide sleeping facilities anyway. Based on IWC Order #9, I calculate his minimum pay as follows (using the alternative work week): $8/hour X 40 hours=$320, $12/hour (time and a half) X 20 hours (hours on-call that exceed 8 hours but up to 12 hours)=$240, and $16/hour (double time) X 60 hours (remaining hours that exceed 12 hours) =$960. A total of $1,520 for a 7 day period. I am including ALL of the 120 hours spent on-call because he is under control of the employer at all hours due to having to meet response times. So, are my calculations correct to NOT exclude 'sleep time'; a) because no sleeping facilities are provided, and b) because he remains under employer control because of his expected response times?
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