This is topic What's legal, and where can I find out? in forum Books, Films, Food and Culture at Hatrack River Forum.


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Posted by King of Men (Member # 6684) on :
 
I'm not quite at my best on California labour law, so I ask here. Is it legal to require employees to work two four-hour shifts, separated by three hours? Further, is it legal to compensate an employee for staying late, by making her come in late the next day? (Both of these, of course, in an effort to avoid paying overtime.) In other words, is there any sort of overtime regulation apart from 'X hours per week'?
 
Posted by mr_porteiro_head (Member # 4644) on :
 
quote:
Is it legal to require employees to work two four-hour shifts, separated by three hours?
I don't know about legality, but that's horrible.
 
Posted by rivka (Member # 4859) on :
 
The relevant section of the California labor code.

(I'm about to head out, or I'd try my hand at deciphering it.)
 
Posted by King of Men (Member # 6684) on :
 
quote:
Originally posted by mr_porteiro_head:
quote:
Is it legal to require employees to work two four-hour shifts, separated by three hours?
I don't know about legality, but that's horrible.
I agree entirely! But as far as I can tell from rivka's link (thanks!), it's legal. [Frown]

If I understand correctly, though, it's not legal to require people to work longer hours one day and compensate by chopping off hours another :

quote:
510. (a) Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.
I did my best to understand the exceptions, and as far as I can see they don't apply. Whether it's worth fighting for half an hour is another matter.
 
Posted by ElJay (Member # 6358) on :
 
Depends on if it's one half an hour, once, or a half and hour here and there a couple times a week, or several times a month.

And we offer split shifts as a benefit to people who want to sign up for them to go to a doctor's appointment during the day or something, they can have up to 5 hours off in the middle of the day by coming in at 7 am and staying 'til 7 pm. But only on a voluntary basis, we certainly would never make someone work that shift who didn't want it.
 
Posted by rivka (Member # 4859) on :
 
KoM, my reading is that the only possible exceptions that might apply is if your workplace has an established and official alternative workweek schedule. And since I imagine you'd have mentioned it if that were the case, it may be time to speak to Human Resources.

Nonconfrontationally, if possible. Play the ignorant foreigner card if you want. [Wink] You know, "I haven't been in California long, and perhaps my understanding of local labor laws is faulty. So can you please confirm for me whether my supervisor is allowed to do X, Y, or Z?"
 
Posted by King of Men (Member # 6684) on :
 
I'm perfectly happy with my own schedule, actually. Being a grad student, I work whenever I want, as long as I produce graphs for the weekly meetings. [Big Grin] It's my girlfriend's workplace that's giving trouble.
 
Posted by rivka (Member # 4859) on :
 
Well, the ignorant foreigner card might not work then, but is she a blonde?
 
Posted by King of Men (Member # 6684) on :
 
Alas, no. She's from Ohio, though, so the foreigner thing might work after all. [Smile]
 
Posted by rivka (Member # 4859) on :
 
Worth a try. [Smile]
 
Posted by Primal Curve (Member # 3587) on :
 
I'm trying to figure out if the policy my employer has just enacted is legal or not. They're not allowing transfers out of the department for the next four months (and probably will extend it after that- it is tax season after all).

I realize that they're afraid the department will get gutted again, but I've been waiting for this opportunity for quite a while and getting it undercut is frustrating to me. I really want to move to a more technical department, but this new policy is getting in the way.

Is there any way I can raise a bit of a stink about it or am I stuck? It seems rediculous, to me, that a division in a company thinks that it can keep everyone from moving to other divisions.

I'm probably way off base, but I'm really annoyed about this. The grumbling in the department had previously been down because of some great moves management made to improve the call center. This idiotic crap, however, just about put the nail in the coffin.
 


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