A few of my employees want to make up some time they missed, but the makeup time would end up being overtime, which I can’t pay. Is there a provision in the law that covers this situation?
The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.
Yes. Under California Labor Code Section 513, employees can request in writing to make up time missed due to personal obligations later in the same workweek without having to be paid overtime for working more than eight hours in a day. However, hours exceeding 11 in a day must be paid at overtime rates even if they are makeup hours. Overtime does not have to be paid to employees who make up time in advance of planned time off but then decided not to take the time off. This exemption does not apply if the employee works more than 40 hours in a week or more than 11 hours in a day.
A signed, written request to make up time must be submitted for each occasion. An employee who knows that he or she will be seeking makeup time for a personal obligation that recurs at a fixed time (e.g., for a course or appointment) can submit a single makeup request up to four weeks in advance rather than four separate requests. The employer, however, may deny requests.
Finally, employers cannot solicit or encourage employees to request time off to be made up later in the week.
— CELA Editors