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Is this legal to write in an employment contract? The

Is this legal to...

Is this legal to write in an employment contract? The Employee shall work Monday to Friday, from 9am to 1pm CST and shall be
compensated for time that is clocked in, until additional clients are assigned and work warrants a
schedule of 9am to 5pm CST, at which time a 30 minute unpaid lunch is also required. Should no work
be available, The Employee is to go “off duty” for a period of 1.5 hours before logging back in. Please
note that should you anticipate working beyond your scheduled time, you must ask permission in
advance to accumulate additional working hours.

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

Hello! Thanks! The organization is a remote organization. The company is in California, but me, as the Employee, am located in NC.

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

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The HR Manager also said this: Please review the contract, sign and return the signed copy to me no later than 9am CT Monday, October 9th. Please note, if we have not received your signed contract by the start of your scheduled shift you will not be allowed to clock in and begin work as the Central DAM until we do.

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Answered in 5 minutes by:
10/6/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,239
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 6 months ago
Hello, I also just wanted to send the contract. I don't want to sign something I don't fully understand. Thank you!

Understood. One moment...

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Customer reply replied 6 months ago
Just to provide a bit of background. The main 1.5 hour policy was emailed to myself and my colleagues. My colleagues were there previously, so this is not written in their contracts. However, it is written in mine. Beyond that, it doesn't specify in the contract that this is intended for when I work from 9 am until 5 pm. The email I was sent was that this applied to only those who have 6 hours or more, but that's not in my contract. I have emailed them a number of concerns about this, but I was given this reply: Please review the contract, sign and return the signed copy to me no later than 9am CT Monday, October 9th. Please note, if we have not received your signed contract by the start of your scheduled shift you will not be allowed to clock in and begin work as the Central DAM until we do.

Ok, so is your biggest concern the fact that they may want you to work from 9am to 5pm?

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Customer reply replied 6 months ago
The 1.5 hour "Off Duty" policy is my main concern. I wanted to inquire whether it was legal. Secondly, I feel that they are coercing me into signing the contract because although I have emailed questions regarding the policy, they have not answered those questions at all.It's not written in the contract that the 1.5 hour duty policy would apply only when I get the 9 am until 5 pm hours. How it's written, it makes it seem that it would apply even when I do the 4 hours a day.

Ok, I see what you mean. Generally, under CA law (which would be governing law here), an employer can require their employees to work as few or as many hours as they require, so long as they provide them a minimum wage, have a workplace free of discrimination, and they also provide the necessary meal and rest breaks for the employee. With that said, the section regarding the 1.5 hours is very unclear. My questions would be a) what does “no work available” necessary mean?; b) what is defined as “off duty?”; c) does this apply to both the 9-1 and the 9-5 shifts? Unfortunately, it is very unclear; however, I would recommend holding off on signing this until you get some clarification. The reason is because this could severely impact your pay if it is only applicable to the 9-1 shifts.

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Customer reply replied 6 months ago
I completely agree that it is unclear. Thank you!I am concerned that I will not be able to clock in on Monday since though I asked for a quick call, they seem to be unavailable.

I know. It stinks. However, I have seen many people be stuck in contracts without getting clarity. This contract is too ambiguous and a quick call and a redraft of it could clear up everything. I would recommend explaining that you want to get to work and I'm sure they need you to get to work, but to clear this up will prevent a mountain of problems going forward. Did you have any other questions for me?

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Legal Eagle, Lawyer
Category: Legal
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Customer reply replied 6 months ago
I think that's all! Thank you very much for your advice!

Oh you bet. Thanks so much!

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