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"Hurt on Company Outing" (Employment & Labor Law)

Thu, 23 Sep 2004 10:53:00 GMT

Hello,
I went to a company meeting out of town that was 4 days long. We were told that we would be volunteering our time and not get paid for the actual hours worked. (Past meetings we have been paid for all hours worked, even though they say we will not) I injured myself while there and I am told that since I was "volunteering" that this would not be covered by workman compensation in California. Is it legal to make employees volunteer their time in California? Since I was there for work would the injury not be covered?
Thanks
Oilie

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  • Thu, 23 Sep 2004 12:16:00 GMT(1)
  • In order for a meeting time not to be considered paid work time, all of the following must exist:

    1) attendance must be outside of your regular working hours; and
    2) attendance must be volulntary; and
    3) the employee must do no productive work while attending; and
    4) the program, lecture or meeting should not be directly related to the employee's job. It is not job related if it is helps an employee learn a new skill not needed for his present job or if it prepares the employee for a different job.

    Also, training may not have to be paid if the training corresponds to a training program offered externally or if it is related to requirements established for the job by an outside entity, such as on-going training in medical care for EMT's. If the training is related to the ambulance services policies, such as its policies on use of the company vehicle for personal use, it would need to be paid.

    If the event was offered by your employer and you were on worktime (as discussed above) or, even if unpaid, you were at the event because of a work related reason, it is considered a work related injury. For example, let's say that you work for a hospital as a nurse. Let's also say that you were on the premises to attend certification training and you tripped and feel, hurting your knee. Even though the training was unpaid (because of the certification training), it is considered a workers compensation injury.

    If, on the other hand, you came to the hospital just to visit the gift shop. You were not there in any work capacity. While at the gift shop, you tripped and fell. It would not be a work related injury. You were a guest of the hospital.

    Does that help in understanding your situation? Let me know if you have any questions.

    Let me know if you have any other questions.

    Let me know if you have any other questions.
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