California's labor laws require that all employees are fairly compensated for every hour they work. This post explains what employers must do to pay on-site staff like nail technicians, hair stylists, massage therapists, and lash technicians. Workers in California must be paid even if they have no clients during their shift, and compensation is also required for any on-call time.

California Labor Codes

California law requires payment for all hours worked. California Labor Code Section 1194 mandates that employees be paid at least minimum wage for all hours worked and overtime when applicable. In California, “hours worked” generally includes the time during which an employee is subject to the control of the employer and all time the employee is suffered or permitted to work.

For onsite workers required to be physically present at the workplace, such as nail or lash technicians scheduled for a shift, time spent at the worksite is compensable regardless of whether clients are present or services are performed. If the employer requires the employee to remain onsite, remain available for clients, perform cleanup or preparatory tasks, answer phones, assist other staff, or otherwise remain under the employer's control, that time constitutes hours worked and must be paid at least at the applicable minimum wage, with overtime as required by law.

Consequences for Non-Compliance

Employers who fail to pay employees for all hours worked, including onsite time, risk significant legal exposure, which may include: a) Liability for unpaid minimum wages and overtime. b) Liquidated damages where applicable. c) Waiting time penalties for willful failure to timely pay all wages at separation. d) Statutory penalties and civil penalties. e) Wage statement (paystub) penalties for inaccurate or incomplete itemized statements. f) Attorneys' fees and costs. g) Exposure to Private Attorneys General Act (PAGA) claims where applicable. h) Interest on unpaid wages.

The California Labor Commissioner (Division of Labor Standards Enforcement) investigates wage claims, conducts audits, and enforces wage-and-hour requirements. Employers may face orders, decisions, or awards requiring payment of wages, penalties, and interest, as well as potential civil actions. 

On-Call Work

On-call work refers to periods when an employee is required to be available to work if needed. Whether on-call time is compensable depends on the degree of the employer's control and the restrictions imposed on the employee's activities.

Key factors indicating compensable on-call time include: a) Requirement to remain on the employer's premises or within a narrowly defined geographic radius. b) Short response times that materially restrict the employee's ability to use the time for personal purposes. c) Frequent calls or call-backs that effectively prevent personal activities. d) Restrictions on travel, alcohol use, or personal scheduling that significantly limit freedom. e) Requirement to monitor communications continuously and respond promptly in a manner that limits personal pursuits. f) Employer policies or practices that discipline employees for unavailability during on-call periods.

If an employee must remain at the worksite while on call, the time is generally compensable. If an employee may engage in personal activities away from the worksite and response requirements are reasonable, only the time actually spent responding to calls may be compensable; however, heightened restrictions can render the entire on-call period payable. Employers should assess control and restrictions to determine compensability.

Best Practices for Employers

To help ensure compliance and minimize risk, employers should:

• Compensate employees for all hours worked, including onsite time when presence is required even if there are no client appointments.
• Keep accurate records of work times, noting start and end times, meal and rest breaks, on-call status, and call-back hours.
• Clearly outline work schedules, expectations for being on-call, response requirements, location restrictions, and reporting protocols in written policies.
• Apply fair scheduling methods, such as providing advance notice of shifts, allowing reasonable changes to schedules, and permitting voluntary shift swaps where appropriate.
• Train managers on wage and hour laws, covering what counts as paid time, rules around meal and rest periods, overtime calculations, and managing on-call duties.
• Regularly review payroll processes, compare schedules with timekeeping records, and fix any inconsistencies quickly.
• Make sure wage statements are thorough and correct, showing hours worked, pay rates, relevant premiums, and all required details.
• Offer compliant meal and rest breaks, track any owed premiums, and ensure on-call periods do not compromise legally required break times.
• Carefully assess whether workers are independent contractors; if they are employees, follow wage-and-hour laws appropriately.
• Provide simple ways for employees to report missed punch-ins, off-the-clock work, or pay mistakes without fear of retaliation.

Conclusion

Paying employees for all hours worked, including onsite and on-call time, ensures compliance with California labor laws and promotes a positive workplace. Clear policies, accurate records, and management training help employers avoid disputes and maintain a compliant workforce.

Disclaimer: This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Reading this post does not create an attorney-client relationship. Laws and enforcement priorities can change, and the application of the law depends on specific facts. For advice about your situation, consult a qualified attorney.