Los Angeles 7th day On-Call Pay Recovered
California labor law attorneys were able to prove the illegality of changing the ending and beginning days of a work week for the purpose of an evasion of 7th day payment of overtime. Reasoning was supported by the California’s Supreme Court and as far as the on-call time is concerned, they also found that employees will get the payment in a normal way during their sleep on the employment vessel.
In the case of Seymore v. Metson Marine, Inc., The schedule was set for the employees in which, there was a fourteen days off & a fourteen days on. The most important function of their job was the attendance of marine oil spills. However, the work week was designed by Metson Marine in such a way that there was no need to pay the overtime payment of seventh day on the 2nd week (day fourteenth). You can also say that the overtime payment on the seventh continuous working day will be paid to the employees, but the payment for the last day from those fourteen days will not be paid, while, it was recognized by the court that the employers are able to select the work week for the purposes of a payroll. It was also noted by the court that Metson Marine has actually designed the work week in such a way that they can easily avoid the payment of overtime on the fourteenth day, other than that, Metson was not able to prove anything because of not having any evidence.
California labor law attorneys that were representing claimants were also able to successfully prove that employees were not getting their payments properly for the on call and off duty. Sometimes, Metson Marine allowed their employees to leave the area of the ship, without any pay, if there was any personal reason, however, they were required to carry a phone and return within forty five minutes without drinking alcohol. It was found by the court that Metson Marine was required to pay their employees for the on-call times because there were restrictions on the employees, during that time.
The attorneys of the claimant asked the defendant to pay the payment of eight hours during which employees were having sleep in the ship. Metson Marine got a victory on this point because according to the court’s decision, employees should only get the payment for the hours they have worked.
If anyone from you is also having a similar kind of a problem with your employer, you can contact the most experienced Los Angeles Labor Law Attorney for the review of your case.
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