The building was closed for the entire day and I was unable to work my regular eight-hour shift. Today I reported to work as scheduled and was sent home after one hour because of a bomb threat in the building. Performing at a level that the employer feels is unacceptable does not fall within any of the exceptions to the employer's obligation to pay reporting time pay. Yes, you are entitled to one hour of reporting time pay in addition to the three hours of wages you earned for the work you performed before being sent home. Yesterday after reporting to work on time and working three hours of my usual eight-hour shift, my employer sent me home claiming that my performance was unsatisfactory as I was not doing my job correctly. No reporting time pay is due for the second time you reported to work because you were furnished with more than two hours of work.ġ hour of overtime for the ninth hour actually worked in the workday. This pay represents the reporting time penalty for the first time you reported to work but were provided with less than half your regularly scheduled shift. One hour worked the first time you reported to work plus the first seven hours worked the second time you reported to work later in the same workday.ģ hours regular rate. For this workday, your total compensation is 11 hours of compensation at your regular rate of pay, and one hour of overtime pay, calculated as follows:Ĩ hours regular rate. This provision of the law applies even though you were called back to work later that same day and worked a full shift. Under the law, an employee who reports to work on time and is later sent home because of lack of work, having worked less than half of his or her regularly scheduled shift, is entitled to be paid for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours at his or her regular rate of pay. Yes, you are entitled to three hours of reporting time pay. A few hours later my employer called and said that things had picked up and told me to report to work again that same day, which I did. Today I reported to work at my scheduled start time and after working one hour of my regular eight-hour shift my employer sent me home because of lack of work. When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system.When the employer's operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue.The provisions of the law regarding reporting time pay are as follows: "Reporting time pay” is a form of wages that compensate employees who are scheduled to report to work but who are not put to work or furnished with less than half of their usual or scheduled day’s work because of inadequate scheduling or lack of proper notice by the employer. The reporting time pay provisions do not apply to employees on paid standby status or when an employee has a regularly scheduled shift of less than two hours, such as a relief cashier who works only during a one-hour period in the middle of the day. When the interruption of work is caused by an Act of God or other cause not within the employer's control, for example, an earthquake. When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system or.When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue or.Or as in Tilly’s, by telephoning the store two hours prior to the start of a shift.Įxceptions to the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) are as follows: Presenting themselves for work by logging on to a computer remotely ĥ. Physically appearing at the workplace at the shift’s start Ģ. Types of situations that trigger reporting time pay include:ġ. (2019) 31 Cal.App.5th 1167, the court held physical reporting was not required in order to come within the reporting time pay provision. The IWC’s purpose in adopting reporting time pay requirements was two-fold: “to compensate employees” and “encourag proper notice and scheduling”. Thus, failure to pay all reporting time pay due at the time of employment termination may be the basis for waiting time penalties pursuant to Labor Code § 203.
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