California Employment Law

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I am currently working 90% as a genetic counselor for a

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I am currently working...

I am currently working 90% as a genetic counselor for a large nonprofit health network in California and am considering transitioning to "per diem" status to have more flexibility about when I choose to work. Of course I will be foregoing all benefits if I make that transition. Is there a cap on the # hours/week that I can work as a per diem employee in California?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time, non union, "at will".

Submitted: 7 months ago.Category: California Employment Law
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Answered in 22 minutes by:
12/1/2017
California Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,366
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

There is no cap. However, the law requires your employer to ensure (and be able to prove) that you are being paid an amount equal to or greater than minimum wage for all hours worked. This means that the per diem rates for the week, when divided by the number of hours worked in the week, must equal or exceed what you would be entitled to under minimum wage and overtime law. If it doesn't your employer must make up the difference. And since your employer would have no way of proving that they were actually compliant without keeping track of all your hours, all your hours must be recorded. This difficulty is why very few employers ever choose to pay on a per diem basis. They have to go through the exact same hassle of keeping track of hours just as if the employee was hourly, but when the employee works less than their anticipated hours, the employer must still pay the full per diem rate. So, there is no upside for the employer, and in most all cases it would just make more sense to pay them hourly.

But to answer your specific question again, no, there is no cap on hours per day or week. The employer just must make sure that the total per diem wages for the week equal or exceed minimum wage plus applicable overtime and pay for whatever the difference is, if any.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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