What is the text of California Health and Safety Code (18603)?

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Request for Question Clarification by mvguy-ga on 05 Oct 2002 07:47 PDT

Section 18603 of the California Health and Safety Code says nothing
about mandated wages.  Are you sure that's what you want, or do you
want something about mandated wages?  Thanks!

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Clarification of Question by sugarfeet-ga on 05 Oct 2002 08:32 PDT

I've been told anyone working 8 hour days plus being on call 24 hours
a day is required by Division of Labor standards to be paid
double the State minimum wage of $6.75 beginning in 2002, and was
given Health and Safety Code 18603 as a citation to
back up that claim.  I'm looking for any proof that a person so
employed must be paid double minimum wage.

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Clarification of Question by sugarfeet-ga on 06 Oct 2002 01:40 PDT

I now assume the answer to my question must be in the Labor Code.

Hi, 

From your description here is probably what that person is talking
about. The number is wrong, and the details are messed up. According
to this research the CA laws have changed so that if a person is
On-call and has to be able to respond in a certain amount of time,
limiting his freedom away from the job, then that person needs to be
paid his normal hourly wage during the period he is on call.

It is Overtime Exempt employees that have a double the minimum wage
cap.

Wage and Hour Laws FAQ

Do I have to pay my employees for time they spend on call?
http://cobrands.business.findlaw.com/human/nolo/faq/AEF7EBC8-75FB-4F67-A78B0BE7615946D4.html#58600700-7182-4648-A8B6C0B4B0656879

It depends on where and how they must spend the on-call time.
Generally, you must pay an employee for on-call hours spent at the
work site. If an employee is not required to remain on your premises,
you must pay for on-call time only if the employee is significantly
restricted during those hours. For example, if an employee is required
only to carry a beeper but is generally free to do whatever he wants
while on call, that time probably does not have to be paid unless the
employee is called to work. But if you require employees to, for
example, remain within a certain distance of the workplace or observe
certain restrictions in their behavior, that time will probably have
to be paid. For more on when you must pay employees for time not spent
working, including other common situations covered, see When You Must
Pay Employees for Time Not Spent Working.

Always on Call? Maybe you should be paid more
http://ocregister.findlaw.com/employment/nolo/ency/0AB41C75-3C54-4BA6-83A224ADAA80DD64.html


Minimum Wage Laws
http://laborlawoffice.com/MinimumWage.shtml

Minimum Wages 

Effective January 1, 2001, the California Industrial Welfare
Commission requires a minimum wage of $6.25 per hour. Effective
January 1, 2002, the minimum wage increases to $6.75 per hour.

The minimum salary for exempt employees, such as managers, executive,
administrative and professionals exempt from overtime compensation,
must be at least double minimum wage.

Exemptions from Overtime Pay Provisions
http://www.whitecase.com/memo_employment_law_overtime_pay.html


New Rules for Paying Exempt Employees
http://www.nawbo-oc.com/articles/ExemptRules.html
On May 30, 2001, the California Labor Commissioner announced some
significant changes to state wage and hour regulations. Detailed in an
opinion letter from the Labor Commissioner's legal counsel, the
changes would have affected how California employers must pay exempt
employees (see below for information about what an exempt employee is)
and in what circumstances deductions are permitted from exempt
employees' wages. In brief, the new interpretation would have required
that an exempt employee be paid his/her full salary for any month in
which he/she performs any work, regardless of the number of days or
hours worked, subject to very limited exceptions for vacations and
sick leave.



Thanks

webadept-ga

I want to thank my Researcher for a very thorough job.  I do appreciate it.