5 things you should be paid for under California Labor Laws
If you are an exempt employee you are likely not owed any additional compensation for your time, assuming your employer has properly classified you. If you want help deciding if you have been properly classified you should contact a California labor law attorney and discuss your job duties with them. It’s important to remember that the job duties are what determine the exemption status, not your job title.
As a non-exempt or hourly employee you should be compensated for all of the time you spend working. Employers may often make mistakes while recording and compensating their non-exempt employees. Some of the common areas employer may make mistakes are as follows:
1. Seminars, Lectures, and Training Program
Hourly employees may or may not be compensated for attending training or lectures. Attendance at lectures, meetings, training programs, and similar activities is not considered compensable time only if all of the following criteria are met:
• Attendance is outside the employee’s regular working hours,
• Attendance is voluntary,
• The course, lecture, or meeting is not directly related to the employee’s job, AND
• The employee does not perform any productive work during such attendance.
The training is considered related to the employee’s job if it will help the employee improve his work performance. If the training is for another job or skill set then it is not related specifically to the employee’s job function and is likely not compensable. For example, an IT employee who takes classes toward an accounting degree may incidentally improve his or her organizational skills but that training is not job-related.
Likewise, if an employer offers a lecture or training session for the benefit of employees, voluntary attendance outside of work hours is not hours worked, even if it is job-related or paid for by the employer. For example, an employer may offer all employees an opportunity to hear an author to speak about a new book about improving management skills. If it is during work hours, the time at the session is compensable. If the speaker event is outside of regular hours, and is completely voluntary, it is not compensable time.
2. “Off-the-Clock Time”
A non-exempt employee must be compensated for all hours worked in a workweek. This includes work performed that may be outside the employee’s regular workday. For example, a non-exempt employee may report to the office 30 minutes early each day and if that employee begins working prior their start time, the employee must be paid for that time even if the employee did not record the time properly. The same requirement applies to the hourly employee who brings work home or responds to emails from home before or after the regular workday. Even if the employee has been told not to perform work off the clock, the employee must be paid for the unapproved overtime. But the employee might be given a disciplinary action for not following company policy.
3. Attendance at Receptions, Dinners, and Other Social Events
Sometimes employers will host or sponsor Social events for the employees and or clients. If employees are required to attend, this time should be compensated. If they are not required to attend, then the time is not compensable. However, it’s important not to pressure the employees to attend if it is not actually required.
4. Volunteer Activities
“Volunteering” or “team building” opportunities are not compensable if they are not mandatory and are not during regular work hours. But if they are required and are during the employee’s regularly scheduled time, then these volunteer times must be paid. For example, a research assistant volunteers to be a greeter at an event on Saturday night, and is not required to volunteer; that is not compensable time. If the volunteering occurs during regular working hours, it is considered compensable time.
5. Work Performed while Commuting
One of the most confusing mistakes an employer can make is requiring the employee to perform work during the employee’s commute to work or on the way home from work as well. For example, an employer may ask the hourly employee to clock out and go home but then ask if they would stop by the bank on the way to drop off the deposits for the day. This time must be compensated.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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