Wage & Hour Issues

The California Labor Code allows employers to choose the beginning and end times of the “workday” and “workweek” as long as the “workday” covers a consecutive 24-hour period commencing at the same time each calendar day, and the “workweek” covers any seven consecutive days starting with the same calendar day each week.  This is important because once defined, the employer’s “workday” and “workweek” become the benchmarks by which overtime pay is determined.

On December 22, 2016, the California Supreme Court addressed two related issues: (i) whether California law requires employers to permit off-duty rest breaks – that is, time during which an employee is relieved from all work-related duties and free from employer control, and (ii) does an employer satisfy its obligation to relieve employees from work-related duties and employer control if the employer requires its employees to remain on-call during rest breaks.