One of our employees was
scheduled to work a shift that we had to cancel because we didn’t have work
available. The problem is that we couldn’t reach the employee to tell him he
didn’t have to report in. When he showed up as scheduled, the supervisor told him
the shift had been cancelled. Are we still required to pay this employee for
that shift or a portion of it?
– Thomas in
The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.
Section 5 of each of the
Industrial Welfare Commission Wage Orders contains “reporting pay” requirements
for nonexempt employees. The reporting time rules are designed to discourage
employers from having employees report unless work is available at the time of
the reporting. The rules are also meant to ensure that employees are reimbursed
for expenses incurred when they report and no work is available.
Here’s how the reporting
time rule works: A nonexempt employee who is required to report for work and does
report—but then isn’t put to work or is given less than half of his or her
usual or scheduled day’s work—is entitled to be paid for half the usual or
scheduled day’s work at his or her regular pay rate for no less than two hours
but no more than four. The following chart will help you figure out how many
hours of pay are owed:
SCHEDULED FOR MUST BE PAID FOR
9 hours 4 hours
8 hours 4 hours
7 hours 3.5 hours
6 hours 3 hours
5 hours 2.5 hours
2–4 hours 2 hours
These reporting time
provisions do not apply— and you don’t have to pay employees—when:
1. Operations cannot
begin or continue because of threats to employees or property or a
recommendation by civil authorities; or
2. Public utilities fail
to supply electricity, water, or gas, or there’s a failure in the public
utilities or sewer system; or
3. The interruption of
work is caused by an “act of God” or other cause not within the employer’s
control.