I got to work at my usual start time and after an hour I was sent home due to lack of work. While at home, I got a call from my employer asking me to come back because it had picked up. I ended up working an 8-hour shift. Should I get reporting time pay?
Yes, you should get 3 hours of reporting time pay. In California, if you report to work and are sent home due to a lack of work after having worked less than 1/2 your shift, you are entitled to reporting time pay for half of a normal days work. In this case, you worked one hour before being sent home, so you should receive 3 hours of reporting time pay since you normally work an 8-hour shift. Additionally, you are entitled to 1 hour of overtime pay. because you actually worked 9 hours so 1 hour counts as overtime. You should be compensated for 11 hours at your normal rate and 1 hour at time and a half. If you are not compensated correctly by your employer, you may want to file a reporting time pay wage claim in California to recover your wages.
Example:
Jane went to work for her 8-hour shift and got there on time, as usual. Jane began to work and was asked to leave by her employer after only working an hour because there wasn’t enough work to do. Jane went home. A few hours later, Jane received a call from her employer, asking her to come in for another shift since things had picked up. Jane went back to work and ended up working a full 8-hour shift.
Jane is entitled to reporting time pay for this day. Since Jane reported to work and was sent home due to a lack of work before she completed 1/2 her shift, she is entitled to reporting time pay to supplement half her shift. Jane should receive reporting time pay for 3 hours because she worked 1 that morning. The one hour that she worked however, must be added towards her full 8-hour shift, which equals a total of 9 worked hours. 1 hour must count as overtime. Jane should be paid for her 8-hour shift, 3 hours of reporting time pay, and 1 hour of overtime. If Jane is not properly compensated, she may want to file a reporting time pay wage claim in CA.
If you have a question about California reporting time pay law or want to file a reporting time pay wage claim in California, contact Strauss & Strauss APC now.