Makeup time is one of the rare occurrences under California law that employees have flexibility to adjust their work schedule to accommodate for important life events that come up from time to time. Makeup time allows employees to take time off and then make it up later in the same workweek, without triggering the obligation for the employer to pay overtime. This Friday’s Five covers five issues employers should keep in mind about makeup time:
- An employee may work no more than 11 hours on another workday, and not more than 40 hours in the workweek to make up for the time off;
- The time missed must be made up within the same workweek;
- The employee needs to provide a signed written request to the employer for each occasion that they want to makeup time (and if employers permit makeup time, they should have a carefully drafted policy on makeup time and a system to document employee requests);
- Employers cannot solicit or encourage employees to request makeup time, but employers may inform employees of this option; and
- Remember, if these requirements are not met, time and a half overtime is due for (1) time over eight hours in one day or (2) over 40 hours in one week or (3) the first eight hours worked on the seventh consecutive day worked in a single workweek; and double time is due for (1) time over 12 hours in one day and (2) hours worked beyond eight on the seventh consecutive day in a single workweek. The DLSE provides a good overview of the overtime requirements and calculating overtime payments here.