Legal Question in Employment Law in California

I do medical transcription. I am an employee and telecommute. When there are no files to transcribe, we have been told to sign off and wait 15 minutes. If no job (files) come in to me for 15 minutes, I am excused for the rest of my shift. I do get paid as job availability for that 15 minutes. But, if a job comes in during that 15 minutes, I must sign in and do the job. If there is no job to do, i have to sign out, and the 15 minute cycle starts over. This activity can occur for hours - sign out, wait, sign in and do job, sign in. I am only excused for the day if it is 15 continuous minutes. I am not being paid during the time I am waiting for another job. For example, a job comes in at minute 10, I am not getting paid for those 10 minutes of waiting. I think I should be getting paid for that 10 minutes. Shouldn't I legally get paid for this wait (job availability) time? I am in California.

Asked on 6/04/13, 5:03 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You can file a claim for unpaid compensation with the Labor Commissioner local to you, and they can determine if they agree you are owed anything. Telecommuting has special rules about 'show up pay' and wait time, but this employer seems to be improperly dealing with you and your pay. If serious about hiring counsel to help in this, feel free to contact me. Iíll be happy to help.

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Answered on 6/05/13, 12:28 am

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