Comfortable Workplace Not Required by Law
Q: I am a medical assistant at a pediatric office. Receptionists are provided with backless stools on wheels, the same rolling chairs that the doctors use while examining patients. They provide no back support, and it’s difficult to get comfortable using the computer keyboard from these chairs.
Isn’t there a law requiring employers to provide adequate chairs for workers? Our office manager is not receptive to complaints or suggestions.
--J.T., Mission Viejo
A: While Occupational Safety and Health Administration laws require employers to provide a safe and healthful workplace, and while the Americans with Disabilities Act requires employers to accommodate employees with disabilities (which may include providing ergonomic aids), there is no law requiring an employer to provide a “comfortable” workplace.
Although it might be prudent for your employer to provide better chairs as a means of preventing the development of back problems or cumulative trauma injuries that might eventually lead to workers’ compensation claims, there is no legal requirement that your employer do so.
--James J. McDonald Jr.
Attorney, Fisher & Phillips
Labor law instructor, UC Irvine
Employee’s Day Off Could Cost Day’s Pay
Q: I am an exempt (non-overtime) management employee. Is the company required to pay me my full weekly salary even if I occasionally take one or more non-vacation days off during the workweek to engage in non-job activities?
--C.D., Hollywood
A: As a general rule, exempt employees must be paid their full salaries in any week in which they perform work.
There are, however, several exceptions. Deductions may be made from salary if an exempt employee is absent for a full day or more for personal reasons other than sickness or an accident. Thus, your employer can legally deduct a day’s pay for each day in which you take a full day off during the workweek to engage in non-job activities.
--Joseph L. Paller Jr.
Union, employee attorney
Gilbert & Sackman
‘On-Call’ Worker May Be Due Compensation
Q: I am a nonunion salaried employee. The company I work for requires that I be “on call” every third weekend to respond to emergency situations.
I am given a cell phone and required to monitor it when I am away from my home. If called into work, I receive only mileage reimbursement.
Shouldn’t the company offer pay or hours off at time and a half? Should there be some compensation to account for the fact that I must remain close to home to be available for emergency response?
--W.R., Pomona
A: If your duties make you an exempt employee, you probably have no claim against your employer for pay. If, however, you are nonexempt and normally receive pay for overtime hours worked, you may be entitled to pay for your “on-call” time.
The issue will hinge on whether you have enough freedom to use your “on call” time for personal pursuits. If so, you would not be entitled to compensation. But if you are required to remain so close to home that you cannot actually engage in personal pursuits, you would be entitled to compensation for time spent “on call.”
--Michael A. Hood
Employment law attorney
Paul, Hastings, Janofsky & Walker
Job Candidate May Be Owed Travel Expenses
Q: After I applied for a job out of state, the company invited me for an interview and offered to reimburse me for half the travel costs. I have e-mail documentation of the offer.
I flew up for the interview and was offered the position but turned it down the next day after deciding it was not the best fit for me.
Despite contacting the company repeatedly, including sending documentation for the travel expenses, I have received no reply.
At no time was there any mention that reimbursement was contingent on my accepting the position. Do I have any legal recourse to obtain reimbursement?
--G.L., Lancaster
A: Yes. Since you accepted an offer to travel to the company’s site for an interview, you would be justified in claiming that the company owes you for half your travel costs. Of course, the company might contend that its offer to pay half your travel costs was vague, that it really meant to reimburse you only if you accepted the job, and that the e-mail didn’t fully explain the firm’s intentions.
The real issue is how practical it might be for you to try to collect. If half the travel costs are $100 or $200, you may not have too many options if the company simply refuses. The amount would be too small to pursue by hiring an attorney. You could file a claim in small-claims court, but even if you won a default judgment, you still would have to figure out how to collect it out of state. Legal documents also would have to be filed in the other state to make the judgment enforceable.
One of your best options might be to expand your threats to include possible fraud charges, which might allow a claim for emotional distress and punitive damages as well. If you are mentioning possible liability of thousands of dollars instead of hundreds of dollars, the company might be more willing to pay half the travel costs as a compromise.
--Don D. Sessions
Employee rights attorney
Mission Viejo
