CA, Over-Time Make-Up

Kodante

I heard that in CA, employees may make up work time that is lost due to personal obligations of the employee. And that the hours of that make-up work will not count as overtime if certain conditions are met:

-the employee submits a signed, written request to make up the time
-the make-up work is performed in the same work week in which the time was
lost
-the employee works no more than 11 hours of work in any one day and no more than 40 hours of work in any one week
-the employee must submit a signed written request for each occasion of make-up work

1) Do you have a sample form for the make-up time request?

2) Can I make this as a company policy to reduce the amount to OT pay?

3) What if the employee refuse to make-up time?

4) How do other CA companies handle this matter?

Gillian

Last question first - I don't know of any California company that takes advantage of this opportunity - it is too darn complicated and there are not enough hours in the day to track it all. The criteria that you listed is correct, however, there other complicating factors, if not complicated enough already. It would take a very long post to describe it all so I won't. My reference document is the California Chamber of Commerce 2003 Labor Law Digest. If you can find a copy the description is in Chapter 14.