Archive | January, 2019

California Regulation Stipulates – All Time Worked Must Be Paid, Even If It’s Only Minutes

23 Jan

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Situation: Our nonexempt employees answer texts and calls after-hours.
Question: Is this ‘work time’ and how much would we pay for a 5-minute call?

Yes, in most instances, answering short calls, texts, and emails would meet
the definition of hours worked found in the Industrial Welfare Commission
Orders, Section 2:

“Hours worked” means the time during which an employee is
subject to the control of an employer, and includes all the time
the employee is suffered or permitted to work, whether or not
required to do so.”

De Minimis Time

These small increments of time are difficult to track and frequently are disregarded as “de minimis” time that is insignificant. In fact, the federal Fair Labor Standards Act allows employers to disregard small amounts of time as de minimis time. Disregarding these small increments is no longer advisable in California.

California Law

In 2018 the California Supreme Court held that the de minimis rule has not been adopted by California laws. According to the court, don’t allow employees to routinely work for minutes off the clock without being paid-because California labor laws require pay for “all hours worked.”

Even when the time is hard to track, time records should reflect all time worked, including any time worked after an employee’s regular hours. Develop a policy advising employees how to report all off-the-clock work time.

When it is not necessary that employees answer after-hours calls, employers may prohibit employees from working off the clock. Have a clear policy advising employees not to make calls or respond to any inquiries or to perform any off-the-clock work. It is good practice to train managers to refrain from contacting employees before or after their shift. Managers also should review time records and confirm that employees are following the policy. When employees happen to work in violation of your policy, be sure to pay for the time. Disciplinary action is an option.

Are your supervisors and managers aware of important employment laws such as recording and paying for all work time? Have you trained them recently?

CalWorkSafety, LLC has the experienced training and human
resources personnel to help you develop the leadership,
management and supervisory skills to help you comply
with the law and enhance employee productivity.

The Bottom Line:
This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 Important New Regulations.
To learn more email: dondressler1@hotmail.com
Call: 949-533-3742

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