Adequately compensating short-term work in California
The rules in the Golden State add an additional provision to the Fair Labor Standards Act's stipulation that employee attendance of more than 40 hours per week must be compensated at a rate of at least one-and-a-half times the worker's usual pay grade. California workers also qualify for an overtime rate of pay for working more than eight hours in one work day. If they exceed 12 hours, they must be paid double.
But what of out-of-state employees who neither live nor work in California, but visit on a temporary basis to perform short-term assignments such as training sessions or meetings?
According to a stream of litigation over the past few years, these workers are not exempt from the allowances and must be compensated the same as regular employees who work full time in the state.
The landmark case for this issue was Sullivan v. Oracle, for which a final ruling was issued in July 2011. The court unanimously ruled that California's legislation should be upheld for every worker who crosses into the state.
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