Labor & Employment

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Resident Employees Are Not Entitled To Be Paid For Time Spent On Call

May 01, 2008

The California Court of Appeal, 2nd District, ruled on Tuesday that employers of employees required to live on their premises need not pay those resident employees wages for time spent on call, but only for the time when those employees actually respond to calls. While employees who are not required to live at their employers are entitled to be paid for all hours during which they are subject to the control of their employers, Industrial Welfare Commission Wage Order No. 5, which governs the public housekeeping industry, defines “hours worked” differently for resident employees.

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