California Mandated Wages, Health and Safety Code

What is the text of California Health and Safety Code (18603)?

Request for Question Clarification bymvguy-ga

Section 18603 of the California Health and Safety Code says nothing

about mandated wages. Are you sure that's what you want, or do you

want something about mandated wages? Thanks!

Clarification of Question bysugarfeet-ga

I've been told anyone working 8 hour days plus being on call 24 hours

a day is required by Division of Labor standards to be paid

double the State minimum wage of $6.75 beginning in 2002, and was

given Health and Safety Code 18603 as a citation to

back up that claim. I'm looking for any proof that a person so

employed must be paid double minimum wage.

Clarification of Question bysugarfeet-ga

I now assume the answer to my question must be in the Labor Code.



One thought on “California Mandated Wages, Health and Safety Code

  1. Hi,

    From your description here is probably what that person is talking

    about. The number is wrong, and the details are messed up. According

    to this research the CA laws have changed so that if a person is

    On-call and has to be able to respond in a certain amount of time,

    limiting his freedom away from the job, then that person needs to be

    paid his normal hourly wage during the period he is on call.

    It is Overtime Exempt employees that have a double the minimum wage

    cap.

    Wage and Hour Laws FAQ

    Do I have to pay my employees for time they spend on call?

    http://cobrands.business.findlaw.com/human/nolo/faq/AEF7EBC8-75FB-4F67-A78B0BE7615946D4.html#58600700-7182-4648-A8B6C0B4B0656879

    It depends on where and how they must spend the on-call time.

    Generally, you must pay an employee for on-call hours spent at the

    work site. If an employee is not required to remain on your premises,

    you must pay for on-call time only if the employee is significantly

    restricted during those hours. For example, if an employee is required

    only to carry a beeper but is generally free to do whatever he wants

    while on call, that time probably does not have to be paid unless the

    employee is called to work. But if you require employees to, for

    example, remain within a certain distance of the workplace or observe

    certain restrictions in their behavior, that time will probably have

    to be paid. For more on when you must pay employees for time not spent

    working, including other common situations covered, see When You Must

    Pay Employees for Time Not Spent Working.

    Always on Call? Maybe you should be paid more

    http://ocregister.findlaw.com/employment/nolo/ency/0AB41C75-3C54-4BA6-83A224ADAA80DD64.html

    Minimum Wage Laws

    http://laborlawoffice.com/MinimumWage.shtml

    Minimum Wages

    Effective January 1, 2001, the California Industrial Welfare

    Commission requires a minimum wage of $6.25 per hour. Effective

    January 1, 2002, the minimum wage increases to $6.75 per hour.

    The minimum salary for exempt employees, such as managers, executive,

    administrative and professionals exempt from overtime compensation,

    must be at least double minimum wage.

    Exemptions from Overtime Pay Provisions

    http://www.whitecase.com/memo_employment_law_overtime_pay.html

    New Rules for Paying Exempt Employees

    http://www.nawbo-oc.com/articles/ExemptRules.html

    On May 30, 2001, the California Labor Commissioner announced some

    significant changes to state wage and hour regulations. Detailed in an

    opinion letter from the Labor Commissioner's legal counsel, the

    changes would have affected how California employers must pay exempt

    employees (see below for information about what an exempt employee is)

    and in what circumstances deductions are permitted from exempt

    employees' wages. In brief, the new interpretation would have required

    that an exempt employee be paid his/her full salary for any month in

    which he/she performs any work, regardless of the number of days or

    hours worked, subject to very limited exceptions for vacations and

    sick leave.

    Thanks

    webadept-ga

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