Employer May Lengthen Workday, Not Pay More

Q: Our company was bought by a bigger company about six months ago. We used to work 7 1/2 hours a day, but the new company has changed it to an eight-hour day, with no pay increase. Is it legal for this company to require us to work an extra half an hour a day without additional compensation?

--S.J., Anaheim

A: Yes, but the manner in which this is handled varies, depending on whether you are exempt from overtime.

If you are a managerial, administrative, professional or outside sales employee and exempt from overtime, your employer may increase your workday without paying you additional compensation.

If you are not exempt from overtime, your employer must pay you for the additional half an hour worked, even if the extra time is not overtime. Even if you are not exempt, however, your employer may lawfully adjust your hourly pay rate downward (as long as it does not fall below the minimum wage) so that you would be paid the same amount for an eight-hour day as you were for a 7 1/2-hour day.

Note that even if you are paid a salary, you are not necessarily exempt from overtime. Your job duties determine whether you are exempt or not exempt from overtime, not your job title or how you are paid. Many clerical, accounting and skilled technical employees are erroneously assumed to be exempt from overtime.

--James J. McDonald Jr., Attorney, Fisher & Phillips, Labor law instructor, UC Irvine

Pay Required for All Periods Worked

Q: Instead of a time clock, my employer has sign-in sheets. Each employee must sign in at starting time, sign out for lunch, sign back in after lunch and then sign out when he or she leaves for the day.

If I sign in half an hour late, my employer docks my pay for that half an hour. If I sign out half an hour late, my employer does not pay me unless I submit an overtime slip signed by my supervisor.

Is this legal? It seems that if they use sign-in sheets to deduct, they should use sign-in sheets to pay. It doesn’t seem fair.

--E.H. Los Angeles

A: Your employer’s practices are legal provided that you are being paid for hours that you actually work.

Although time clocks are not required under federal or state law, employers must keep accurate records of time worked by hourly employees.

Employees must be paid for all periods they work, including overtime, although the employer may round starting and stopping times to the nearest five minutes or tenth or quarter of an hour. Thus, if you are half an hour late, your employer is not required to pay you for the time you did not work.

Your employer can also require that you obtain written approval before working overtime and can discipline you if you fail to do so. But you must be paid for your overtime work, even if you have not obtained your supervisor’s approval, as long as your employer or supervisor knew or should have known that you were working.

--Joseph L. Paller Jr., Union, employee attorney, Gilbert & Sackman

Worker Entitled to Evaluation Copy

Q: I work for a large insurance company that evaluates employees every three months. After my supervisor reviews her evaluation with me, I am required to sign it and can add my own comments if I wish.

I am concerned because I am not allowed a copy of these evaluations. When I asked, I was told it was company policy not to give the employee a copy.

I feel I should be given a copy of something this important that I am required to sign. I also would like to have copies of these evaluations because the company will only verify dates of employment and does not provide references.

Is this behavior legal? Do I have a right to copies?

--K.R., Los Angeles

A: California Labor Code Section 432 requires an employer to provide an employee or applicant with a copy of any document that relates to obtaining or holding employment if the employee or applicant requests a copy.

A violation of this section is a misdemeanor. In addition, Section 1198-5 of the Labor Code requires an employer to permit an employee to inspect the employee’s personnel file upon reasonable advance notice to the employer. The personnel file includes any documents that have been used to determine the employee’s qualification for employment, promotion, additional compensation, discipline or termination.

Employees also are permitted to take notes on these personnel documents. Therefore, under California law you are entitled to a copy of any evaluation that you have signed. You are entitled to review and take notes on other documents in the file.

--Diane J. Crumpacker, Management law attorney, Fried, Bird & Crumpacker

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or, e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.