Recently we decided, on
a Monday evening, to terminate an hourly employee first thing Tuesday morning
for performance reasons. When the employee reported to work on Tuesday morning,
we immediately discharged him. We handed him a final paycheck and included his
full wages for Tuesday because we were unsure whether we owed wages for the
termination day (even though he didn’t perform any work on Tuesday). Were we
required to pay for the termination day?
– Sheila 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.
An employer in this
situation wouldn’t be on the hook for a full day’s wages if the employee performed
no work. However, the employer would still have to give the employee “reporting
time” pay, assuming the employee arrived that morning ready and able to get to
work. Reporting time pay obligations are set forth in the Industrial Welfare
Commission Wage Orders. Generally, when an employee reports to work but isn’t
put to work or is given less than half of his or her usual scheduled hours, the
employer must pay the employee for no less than two hours but no more than four
(depending on the scheduled hours). For an employee scheduled to work eight
hours, the reporting time rules require payment for four hours.