do I need to pay for attending court

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do I need to pay for attending court

We are a small business that work alongside of State of California doing Homeless
Encampment clean ups. The Homeless are now sueing the state of California
Caltrans for taking their belonging. Which has now called for our work crew to
testify. Do we as an employer need to pay for the employee’s time spent going and
attending court to testify?

Asked on February 17, 2018 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the employee's appearance is required by their employer, then it is considered to be work time which is compensable. However, if the employee is not being required to appear either on their company's or on their own behalf, then this is not compensable work time.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Are you, as these person's employer, telling, directing, or requiring them to go to court abd testify? If so, then their court time is work time, since their employer is requiring it, and they must be paid. This also applies if your company is a party to (e.g. a defendant in) the lawsuit.
If you are not requiring then to go and are not a party, then it is not work time and you do not need to pay them: they are not doing it for or at the direction of their employer.


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