The Los Angeles Employment Attorney Services blog is an online portal of elite group of employment and labor law attorneys of Mesriani Law Group.

Monday, September 30, 2013

California Employees Get Paid for Sleeping

Image gives credit to Ryan Stuart / Corbis.
The California Labor Laws

As we all know, the State of California has the most extensive labor laws that provide protection to people in the labor force. In fact, aside from the existing Federal Fair Labor Standards Act (FSLA), there are also state laws, which on the other hand, ensure that laborers receive the compensation they deserve.

Surprisingly, a certain California law requires employers to pay employees for sleeping.

Employees Getting Paid for Sleeping

Under the California labor law, employers have to pay non-exempt employees who work 24-hours a day or more for time sleeping unless the circumstance as follows is met:

•    The employer must allow the employee the ability to have uninterrupted sleep for at least more than five hours.

Unconsumed Hours in Sleeping

If the employee chose not to sleep during the allotted five hours, the employer does not have to pay them as long as the following criteria are met:

•    The time excluded for uninterrupted sleep cannot exceed eight hours.
•    There is a furnished adequate sleeping facility.

Questions that Arise from the Law that Pays Employees for Sleeping

However, the said law possesses ambiguity, such as whether a weather group tent could be considered an adequate facility if the job was somewhere away from normally constructed shelter; or whether an uninterrupted meal breaks are excluded from determining that there is a twenty four hour shift.

Apparently, it the employee’s work shift is less than 24 hours, the employer does not have to pay the employee.

Moreover, another concern raised regarding the said state law was whether the employee is required to stay within the company or employer’s premises when they sleep. Unfortunately, some employers require written agreements to avoid paying employees for all the hours spent on the workplace premises.

Wage and Hour Claim Expert

Although, the said law sounds very favorable, it still has too many circumstances and exemptions, causing certain industries to seek for clarity. Therefore, it is best to consult a labor lawyer who specializes in wage and hour claims.

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