Each workday a nonexempt employee is required to report for work and does report but isn’t put to work, or is given less than half of his or her usual or scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work, but in no event less than two hours’ pay nor more than four hours’ pay. This callback pay must be provided at the employee’s regular rate of pay.
Heres a quick chart to help you figure out what you would owe:
| Scheduled for: | Must be Paid for: |
Note that the callback pay obligation doesn’t apply when the workday is canceled or interrupted by circumstances beyond the employer’s control, including: threats to persons or property; a recommendation by civil authorities; a public utility’s failure, including failure of a gas, electric, water, or sewer system; or an “Act of God” or other cause not within the employer’s control.
Paying Overtime: 10 Key Exemption Concepts
Only one thing really matters in the determination as to whether or not an employee is exempt: The duties the employee performs. Learn how to avoid costly, preventable mistakes with our free White Paper, Paying Overtime: 10 Key Exemption Concepts.