Employees in California state may be exempt or tax exempt. The exempted employee holds the position of administrative, executive, professional, or external sales and has no right to receive standby or talk time payment.
All other employees are non-employed and have the right to pay additional fee for waiting time and may negotiate beyond the minimum wage of $ 8.00 / hour.
If an unemployed employee stays at the employer's office and needs to respond to relief or urgent request, it must be paid at all times of award including waiting time.
If a non-employed employee does not have to stay at the employer's office, but the employer must respond to a request to return to work in the event of an emergency, the time is controlled uncontrolled.
Time worked under the Commonwealth State standard:
"Under the Federal Fair Labor Standards Act and the implementation rules that employees should pay wage (29 CFR 778.223)," working hours "include: (a) whether employees are obligated or (b) employees Everyone is injured, is allowed to do the work, all the time the employee must do ".
Meanwhile, the definition of "working hours" adopted by the wage order of 1 WC, Section 2 (K) California Labor Standards Division includes: (a) Employee management of employers; Every injured or work permitted time.
However, employees in the medical industry that provide patient care can shift 12 hours with immediate salary. Employees who need to stay on the employer's premises are exempted from overtime pay, but minimum wages are exempted.
Control Standby Time paid by employer:
Whether wait time is considered "controlled" by the employer and must be paid depends on the limitations imposed on the use of time for the personal purpose of the employee.
If the wait time is not fully restricted or if you can freely use it for personal use, it is not managed and you do not have to pay. This waiting time is not considered a compensable time work. However, unlimited waiting times may be lower than the minimum wage or temporarily compensated if the employer wishes.
Earlier on July 9, 1984, the California Supreme Court, through Judge Reynoso, substantial restrictions on the time (code 7) of officials, executives and temporary staff at the Madera police station, that time in several hours I converted it. to see Madera Police officer Assn. v. City's Madera (1984), 36 Cal 3 d 403; 204 Cal.Rptr. 422; 682 P.2 d 1087.
The two-step analysis should first consider "whether restrictions outside of office hours are mainly aimed at achieving employer requirements and policies". Second, we analyze "Can we engage in private investigation because employee's working hours are largely limited?"
Both questions, the California Supreme Court Madera , S Upla I have to answer positively.
In 1992, the 9th Federal Court of Appeals reviewed the two main factors in determining whether the waiting time was mainly spent on employer benefits. (1) The extent to which employees are engaged in personal activities freely. (2) Contracts between the parties, Owens v. Local number 169, Ass # n. Western pulp and paper industry , 975 F 2 d 347 (9 th 1992).
Into Owens , Above The Ninth Circuit Court of Appeals concluded that compensation was not necessary for talk time, as employees enjoyed a wide variety of personal activities of talk time. They agreed on the on-call system by continuing work under that condition.
Call back travel time And pay:
Uncontrolled non-employed employees on standby may be called back from the employer to do extra work due to emergency after the end of working hours.
Such employees must be paid for all traveling time spent to respond to emergency operations of employer's customers at customer's sales office under California's wage and time division Hmm.
However, the travel time spent by employees for callbacks with employers' normal offices is unclear. Many California employers have not paid callback travel time, as California's wage and time division has no formal status.
The working hours involved in callbacks are "working hours" and must be compensated in ways in which California's wage and time divisions are accepted. (1) Actual time spent on callback at a rate 1.5 times the rate per normal hour. (2) Pay at a rate 1.5 times or more of the normal hourly unit price for each guaranteed working hours or callback set by federal regulations. Richard J. Simmons (Richard J. Simmons, Castle Publications Limited, p. 234-235, 321-322.
Conclusion:
The reward for on-call hours for non-employed employees depends on whether it is managed by an employer or not managed.
If it is managed, you have to pay. If it is not controlled, you do not have to pay. The unsolved problem is how to pay for the time spent on callback travel time payment and callback.
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