Employers in California must count employee travel time as hours worked whenever it requires employees to travel, no matter when the travel occurs. By regulation, the recommended standard is ½ hour after 6 consecutive hours' work in factories, mechanical and mercantile establishments and certain service industries, to be given reasonably close to usual meal time or near middle of shift. Beginning in 2019, any hours worked over 55 hours per week, or more than nine-and-a-half hours on any workday, are now compensated as overtime pay. 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If an employee’s travel time to a transportation center (airport, bus station, train station, etc.) (1) Subject to subsections (2) and (3), if as required by an employer an employee reports for work on any day, the employer must pay the employee for a minimum of 2 hours at the regular wage whether or not the employee starts work, unless the employee is unfit to work or fails to comply with Part 3 of the Workers Compensation Act, or a regulation under that Part. It simply requires employers to pay at least half of the employee’s scheduled shift if the full shift isn’t worked. In this article, our Los Angeles wage and hour claims lawyers provide an overview of the frequently misunderstood 4-hour minimum shift in California and we explain what you should do if you believe your legal rights were violated under this statute. A meeting, lecture, or training is directly related to an employee’s job if it is designed to help the employee perform his or her current job duties more effectively as distinguished from preparing the employee for a new job or helping the employee learn a new skill. This includes any time employees are required to travel out of town, whether on a one-day or overnight trip. If your employment rights were violated for any reason — whether you were denied minimum shift pay or you were asked to work more than the maximum number of days an employee can work in a row — you should be ready to consult with an experienced Los Angeles wage and hour law attorney. If you were not paid the proper amount in this situation, your rights were violated. We also invite you to call our office to speak with a legal representative about your case. Imagine that you are scheduled to work a standard eight-hour shift this coming Friday — you are supposed to get the office by 9:00 AM and leave at 5:00 PM. .win for older females in a male dominated career. The complete online payroll solutions provided by Accuchex covers everything you need to make sure your payroll is taken care of and that is why we are a trusted California payroll solutions provider. 1. An employer must count all hours worked no matter where the work is performed, such as working from home. Waiting Period – The 7-day waiting period is waived for claims beginning on or after January 19, 2020. The State of California Department of Industrial Relations requires employers to pay overtime after a non-exempt employee has worked eight hours per work day, unless an alternative work week schedule is formally agreed upon. According to California Wage Orders, working beyond the standard eight hours in any given workday is permissible so long as the employee is 18 years of age or older or at least 16 or 17 and not required to attend school. Because California labor law mentions a two hour minimum and a four hour maximum, many have construed this to mean the law requires employees to be scheduled a minimum number of work hours per day. Confidential or time-sensitive information should not be sent through this form. Traditionally, agricultural workers in California have been poorly served on both of these fronts. From there, you can drag and drop shifts as much as you like, but you'll already have the basic structure in place. This would not even be 3 1/2 hours for me. Since you worked only one hour, which is less than half your scheduled day's work, your employer is required to pay you for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours. It doesn’t matter what your company does, payroll plays a key role in the success of any company. How Long Does an Employer Have to Pay You After Termination in California? Under current terms, Wage Order No. They may work on school holidays and during summer vacation, up to eight hours in a day and 40 hours in a week. However, when you arrive, your supervisor tells you that you are no longer needed and you are sent home without ever clocking in. Employers are permitted to pay employees a lower wage rate for waiting or standby time than they do for time when employees are performing actual job duties. Only a few states currently provide this benefit. He knows the law and was my advocate every step of the way. Hi, I'm new to these boards, and here's my situation. hbspt.cta._relativeUrls=true;hbspt.cta.load(419255, 'b3a40015-da74-40bd-b84a-c65b98b1bced', {}); Employers don’t have to provide a minimum shift for their employees, but they do need to be careful on how they schedule them. Federal law requires employers to pay nonexempt employees a minimum wage of $7.25 per hour.⁠4 Fortunately, California state law is more favorable to employees than in this context. Fortunately, employment regulations offer important protections to workers who are scheduled or put on call. With offices in Riverside and Glendale, we handle wage and hour claims in Los Angeles and throughout Southern California, including in Los Angeles County, Ventura County, Orange County, Riverside County, and San Bernardino County. An employer is not required to pay employees for any personal time taken while traveling, such as sleep time, meals, or sightseeing. This law is often referred to as the four-hour minimum shift rule because most full-time shifts in California are eight hours long. However, recent case law has held the opposite - there's no minimum amount of time you can schedule your employees to work, as reporting time pay only deals with the situation where you send your employees home early. CA Dept. For most employees, the daily limit is eight hours or the employee’s regular work day if that is longer than eight hours. In addition, 78% of those growers polled said they planned to mechanize their existing more labor-intensive jobs. Sometimes we work as little as 4 hours a day and maybe as much as 10 hours. The Industrial Welfare Commission Orders require employers to pay their nonexempt employees for regularly scheduled but unworked time because of the lack of proper notification or inadequate scheduling by the employer. Although this case was brought regarding employee meetings, the ruling makes clear that the amount due to the employee is based on the actual length of their scheduled shift, and not on an arbitrary four hour, or eight hour shift. minimum work hours, Accuchex Corporation 365 Bel Marin Keys Blvd. The typical workweek begins each Sunday and ends the following Saturday, however, this need not be the case. Legally speaking, there is not a minimum number of hours. Thus, the maximum hours allowed to work in Ontario are 13 hours per day and 48 hours per week. Here are the general rules: 1. Overtime rules refer to pay. 7, governing employees in the “mercantile industry,” broadly defined as businesses that operate for the purpose of purchasing, selling or distributing goods or commodities at wholesale or retail, or for the purpose of renting goods or commodities. Under California labor law, employees who normally work 8-hour shifts are guaranteed 4 hours minimum pay for any day where they are scheduled or could have a shift. I have worked for a warehouse company close to a year now. If he believes in the merits of your case, you can be assured that nobody will work harder or more passionately than David Simpson. For example, if an employee works his regular six hour shift and is called back later for one more hour of work, he must receive eight hours of pay rather than seven. Today I was asked if I wanted to leave as early as 10:20. TL;DR (Too Long; Didn't Read) The hours of work for a salaried employee aren't always cut and dried. And, by 2022, agricultural employees working more than 40 hours in a week and eight hours in a day will be paid one and one-half times that employee’s regular rate of pay. Not every type of job is eligible for overtime, however. payroll management, For obvious reasons, this type of scenario puts a tremendous burden on an employee —  being scheduled requires workers to set aside their other plans and to travel to their job. Employers cannot use alleged employee misconduct as an excuse not to pay them. hbspt.cta._relativeUrls=true;hbspt.cta.load(419255, '63022025-9f13-4f6c-b7dc-831e34d44468', {}); At the other end of the scheduling spectrum is mandated minimum wage and overtime pay. The weekly limit is 48 hours per week to farm workers difficult case on the hours worked matter... Hour work day that California labor law does not mean that employers are required between shifts in are! For most employees, the work is caused by an Act of God or cause. Specify a minimum hour work day be noted that there are some exceptions. With an automated schedule maker, you can arrange employee schedules with drag-and-drop simplicity I... 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