California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

How do California labor laws come in to play with all of this?

Tey are now talking of...
How do California labor laws come in to play with all of this? Tey are now talking of removing out 'non-productive' cal back pay so we are required to carry a pager and to respond to a call whcih limits where we can be, but they will not be paying us a minimum pay for phone calls or call back - logging on to computer. We get clocked time only. Is there any recourse I can take since the expectation is that I respond, can I refuse to provide internet service, cell service and my computer or are they just merely protected by all of this and I need to be happy that I am employed?? Which labor laws protect them?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 10 hours by:
10/8/2012
Wendy-Mod
Category: California Employment Law
Satisfied Customers: 10
Experience: Category Moderator at JustAnswer
Verified
Hi, I'm a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Ask Your Own California Employment Law Question
Customer reply replied 5 years ago

Please take your time. I know if I propose the questions to my HR they will be negatively looked at. Any feedback is greatly appreciated.

Thank you for your continued patience. We will continue the search for a Professional for you.
Ask Your Own California Employment Law Question
Customer reply replied 5 years ago

Please take th etime you need - I really need a true answer based on the law for clocking (non exempt) employees who are required to provide non paid call back but get paid if called and all that was in the original request.


I appreciate the effort you are putting into finding out this information.

Fran-mod
Category: California Employment Law
Satisfied Customers: 48
Verified
Thank you for your patience, your business is very important to us, we are waiting on the Professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a Professional or if you would like us to close your question. Thank you for your understanding!
Ask Your Own California Employment Law Question
Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified

You are correct in that the law on this matter is grey, and does depend on a number of factors.

The law states that non-exempt employees are required to be paid for pre-shift and post-shift activities if they are an integral and indispensable part of the principal activities for which the workers are employed. The term “principal activities” is considered to include any work of consequence performed for an employer no matter when the work is performed. Time spent waiting for work is compensable time for which employees are entitled to be paid if the waiting time is spent primarily for the benefit of the employer and the business.

However, while off the clock, your employer will argue that the time worked is de minimis, meaning too little for compensation. However, since the general rule is that employees must be compensated for all of the time they work, it is difficult for employers to prove that the time worked off the clock is de minimis.

Accordingly, concerning any time spent actually calling or logging in, the law is pretty clear-cut that you're entitled to receive pay for your time. Gray areas occur when your employer wants you to stand by for duty when you're not technically on the clock. This is "on-call" time and it's required of employees frequently enough that the U.S. Department of Labor (DOL) has released guidelines to identify under what circumstances you should receive pay for these hours.

The guidelines can be broken up into the following categories:

1. Location:

Under the Fair Labor Standards Act or FLSA, if you're physically at the location of your employer's business, you are guaranteed to receive pay for these hours even if you're not technically working. Thus, if you have to call from work, or need a work computer to do the job, then you have a strong argument that you should be paid for this time. If, however, the call can be made from any cell phone, the argument is decreased.

2. Restrictions:

Disputes about pay usually occur when employees must stand by during their off hours. In this case, the Department of Labor indicates that whether you're entitled to receive pay depends on the restrictions placed on your free time. If you go about your business with no inconvenience other than having to keep your cell phone nearby in case you get a page, you're not working and your employer has no obligation to compensate you. If the on-call time restricts what you can do with your free hours to a significant extent, you may be working and may be entitled to pay.

3. Work-Related Activity

Any work related activity must be compensated. You should receive compensation for any work you actually do while you're on call. This is labor, not on-call time. You are required to receive payment for the accumulated time you spent on the phone, or doing anything else where you are actually doing work for the employer.

Thus, given the facts, because your free time is consistently affected, you should speak with an employment attorney in your area to be properly compensated for the time worked, and possibly the time you spend waiting for a page.

Because the law in these situations is decided on a case by case basis depending on particular circumstances and conditions, the best thing you can do is speak to an employment attorney who can take your case. There are many employment attorneys who would do this, however, the terms of service do not let us point you to any one lawyer in particular. That being said, if you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with. An employment attorney in a case like this would take your case on contingency which means that you would not pay anything out of pocket.

Good Luck!

I hope I have provided you excellent service. If not, please let me know what else I can help you with. If you feel the need to rate my service as either “Bad” or “Poor”, please stop and use the REPLY TO EXPERT to keep talking. I am happy to assist you with whatever issue or clarification you may need and will take the time to explain any concern to your satisfaction. If you feel that I am unable to do so, please ask me to have another expert assist me and I will opt out immediately so that you receive the best possible service.

Once you are satisfied with the answer, please take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.

Ask Your Own California Employment Law Question
Customer reply replied 5 years ago

One final question adn I will let this lie or decide on next options - Is there any law/protection regarding me having to provide the internet service, computer and cell phone and pay all of the fees for the employer to use? They have recently started 'texting' me questions and when I brought this up the reasoning was "well you have free minutes, don't you" I'm not certain that they could not get the fact that no minutes on a cell phone are free but I guess they are free to them if I am paying the bill.


They provide a pager but the managers don't like using them and it seems that this is going to be the wave coming forth will they have to inform us that is part of work responsibilities to provide these items in order to work?

This really depends if you can legally be considered an employee or an independent contractor. If you are an employee:

"An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred in the direct consequence of the discharge of the employee’s work duties." (California Labor Code Section 2802)

Thus, you should really consider going to Martindale.com and speak to an employment attorney in your area. They can help you be reimbursed for all of the expenses you have paid to date as well as protect you from retalitation from your employer from bringing this up. They can also help you determine if your employment contract tries to set you up as an independent contractor, and if it does, they can see if there are enough facts to place you back into the employee category.

Hopefully this helps you decide what your next steps are. If you found the information helpful to you, please do not forget to provide me with a positive rating as without one I will not receive credit for trying to assist you.

Have a wonderful day.

Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified
Brandon, Esq. and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Brandon, Esq. Your Own Question
Brandon, Esq.
Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1,953
1,953 Satisfied Customers
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

Brandon, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

1,953 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
I am looking for some advice on an expiring EAD and FMLA
I am looking for some advice on an expiring EAD and FMLA policy in CA … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a teacher for LAUSD. I am going to retire in 3 years. I
I am a teacher for LAUSD. I am going to retire in 3 years. I have ADHD, and my memory, balance, and clarity of thought is decling, and I find myself being confused in the class. I am worried that I wo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
I was looking for advice for dealing with pregnancy in the
I was looking for advice for dealing with pregnancy in the workplace … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
In California are employees required to keep track of hours
in California are employees required to keep track of hours worked … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,347 satisfied customers
I contacted an attorney in California for a medical
I contacted an attorney in California for a medical malpractice suit. I was caught off guard by the 1 year statute of limitations. I paid 15k up front to an attorney. He had me write the allegations f… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work for a real estate company. the broker bounced by
I work for a real estate company. the broker bounced by check for commissions twice and it took 9 days for me to get paid. the broker says it was fixed in 1 day. then I didn't get a 1099. I asked the … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,860 satisfied customers
Am i required to compensate an employee for time he travels
Am i required to compensate an employee for time he travels to another job site? If he uses public transportation (bus, train), am i required to also compensate him for his travel expense?Details: I h… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Re I resigned – Employer claims I was fired I was unhappy
Re I resigned – Employer claims I was firedI was unhappy with a job and the employer was not happy either. I was a salaried employee at a company with 17 employees. I was overqualified and was being p… read more
socrateaser
socrateaser
1,031 satisfied customers
Perhaps, I recently resigned from a bank. I received an
perhaps, I recently resigned from a bank. I received an "enhanced Draw" of $24,000 that they are telling me I need to repay as I resigned prior to the 12 months of employment I was obligated to. I am … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My son was fired from his company without being told then
My son was fired from his company without being told then they revoked his privileges and stranded him on the island. We were in Ohau when his supervisor called but did not tell him he couldn't get ba… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,224 satisfied customers
Hourly employee states they were never provided with a work
Hourly employee states they were never provided with a work phone yet was required to use their personal phone to communicate with supervisor and navigate to work sites. Thus, the employer owes reimbu… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
I have a settlement agreement with my former employer. My
Second opinion] I have a settlement agreement with my former employer. My ex- employer was supposed to remove an investigation out of my personnel file and they have continued to release this informat… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
JD
18,658 satisfied customers
I have type 2 diabetes and am on injectable insulin daily.
I have type 2 diabetes and am on injectable insulin daily. Consequently I have problems with my size and weight (6'4" 289 pounds) and can't lose weight due to all the medications I'm on.I wear big and… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How much unemployment is due if I'm fired and have been
How much unemployment is due if I'm fired and have been making $18/hour? Schedule has been for 40 hours, but due to illness haven't been in last 2 weeks. Only 1 employee. They are asking me if my lack… read more
socrateaser
socrateaser
1,031 satisfied customers
Just got off with severance in California. Company is not
Just got laid off with severance in California. Company is not paying the agreed upon severance in full. Now what?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the California labor law if “I” resign my job and my
What is the California labor law if “I” resign my job and my boss interferes with my personal belongings. I have my book of business, & client files (these are my clients from 11 years in my field), n… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,591 satisfied customers
My boss has kept me in the conference room waiting for 2
My boss has kept me in the conference room waiting for 2 hours. He stated he wanted to meet with me but has not informed me why. This morning when I came into work the locks on door were changed and I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
The caregiver i hires though an agency is quitting today (
The caregiver i hires though an agency is quitting today ( she does not like the company . She is back in one month and wants to work for me directly. I would like to hire her and found a company to h… read more
socrateaser
socrateaser
1,031 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x