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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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California I started work @9am on a satday with three other

Customer Question

california I started work @9am on a satday with three other employees we drove two and a half hrs to drop off some vehicles the whole trip should of taking 6.1/2 hrs.round of my coworkers started to feel lightheaded and his left arm was going numb,took him to the hospital called my boss @2;30he said to wait because we are probably his only ride. at 7:30 they discharged him he had a potassium deficiency. on the way back we saw An Elderly Couple broke down on the side of the road it turns out they didn't even have a cell phone..we didn't get the car started so we called a tow truck they said 45 mins, well i wasn't going to leave them by there self it was a country road no one around anyway 3hrs later still no tow-truck. i ended up just taking the couple home..we got back at the shop @2:30Am they only want to pay 6hrs. i told them my time would stop at 8. when i stopped to help the people. what does my company have to pay us for legally
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,
I agree with you. Since you were acting on the employer's instructions, you should be paid for your time in doing that. If you had a choice and decided to remain at the hospital as a friend or good samaritan, then the employer would typically have a basis to deny paying you for the additional time. However, it appears the employer told you to remain at the hospital until the co-worker was discharged, so you had no choice but to continue waiting and the employer should compensate you for that time typically.
The employer would not, however, be required to compensate you for the time you took to assist the elderly couple.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Customer: replied 2 years ago.
i think we should get payed from 9am tell 7:30pm when we stoped to help the old people.and we should get payed for the 21/2 hrs it takes to get back,no matter what time we started back to the shop? and if they only want to pay 6hrs then what do i do?
Customer: replied 2 years ago.
and is the two 15 min brakes in a 8hr work day do they have to give us them two 15min brakes and a 30 lunch brake.?
Expert:  Tina replied 2 years ago.
Hello again,
Since this involves extraordinary circumstances, I doubt the additional breaks and lunch period would be enforced by the labor commission since you were not actually "working". However, you were acting at the employer's instruction and therefore should be compensated for the time it actually took to complete the assignment, including the time to return (your commute time home would not typically be compensable but the time it would have taken to return the employer's offices would be).
If the employer refuses to compensate for the time you were acting at their instruction, then you can file a wage claim with the state labor board or retain a local attorney to pursue the matter on your behalf.