Law Offices of Louis Spitters

Payment dispute may occur if non-working employee receives no pay

In certain jobs, employees in California and elsewhere might be entitled to be paid even for moments when they are not necessarily working. After all, employers generally must pay their employees for time spent under their control. If an employer allegedly fails to do this, a payment dispute may understandably ensue, and the reportedly wronged employee has the right to seek to hold his or her employer accountable for its actions.

For instance, if employees work at jobs or in businesses that require them to complete 24-hour shifts, they are typically given time to sleep during their shifts. According to federal law, these employees must be paid for their entire shifts even if they spend a few hours of their shifts sleeping. Examples of employees who fall under this category include full-time ambulance drivers, guards and caregivers.

In addition, employees may receive pay while they are waiting for assignments in on-call situations if they have to be on their employers' premises. The wages have to be paid even if these workers end up not working. Likewise, if workers must be on call in locations outside of their companies' premises, they still legally have to be paid for the time during which they cannot dictate their activities.

Sadly, in some employment situations in California, a payment dispute may occur because an employer fails to compensate an employee for all or part of the time he or she spends under the company's control, which can have a negative impact on the worker financially. Fortunately, the employee may choose to file a lawsuit against the employer through the civil court system. A successfully fought claim may lead to monetary relief for the damages incurred.

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Law Offices of Louis Spitters
96 North 3rd Street
Suite 500
San Jose, CA 95112

Phone: 408-780-1920
Phone: 408-293-0463
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