Legal Question in Business Law in California

Mandatory staff meetings

What is the law on hourly pay for mandatory staff meetings? Can an employer pay 1/2 regular pay when it is during regular business hours?


Asked on 10/01/07, 6:05 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mandatory staff meetings

Most likely, two aspects of the law would or might govern this situation. The first and most important of these is the law of contracts. Your rate of pay, etc., as an employee, whether hourly or salaried, is the result of a contract between the employer and you, or if there is a collective bargaining agreement, your union. If there is an enforceable agreement to pay you, say, $25 an hour, with no exceptions, then paying you $12.50 per hour for staff meetings is a breach of contract. An employment contract doesn't have to be in black-and-white and signed; the contract may be oral or, more likely, implied in fact from the working conditions, policy manuals, past practices, etc. observed by the employer and accepted and relied upon by the employee.

Now, the problem is, can the employer change the terms of the contract at any time? If so, is prior notice to the employee required? I would say that if your employment is 'at will' and the employer could dismiss you at any time, the employer would also have the right to reduce your pay, and that would include the right to reduce it for certain activities, such as attending meetings. However, I would also say that the employer must give you prior notice, i.e., an opportunity to decide whether you are willing to continue working for it under the revised terms and conditions. So, harsh as it may seem, I think the right exists as a matter of contract law, unless you have a contract that is not 'at will.'

The second aspect of the law that might govern is the minimum-wage law. If cutting you to half rate would put you below the federal, state or local minimum rate, it is illegal.

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Answered on 10/01/07, 6:45 pm
Terry A. Nelson Nelson & Lawless

Re: Mandatory staff meetings

Not if you are hourly and at work when meetings occur. The employer can task you with anything he likes during your 8 hours, but has to pay you full pay during that period. Sounds like you have a claim for unpaid compensation, which would include penalties and interest. File a claim with the Labor Commissioner, and feel free to contact me. If others are similarly shorted, get them to join you.

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Answered on 10/01/07, 7:55 pm


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