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Showing 2 posts in Reporting Time Pay.

It's Risky Business for California Employers when Scheduling Employees On-Call

In Skylar Ward v. Tilly's Inc., the Second Appellate District of the Court of Appeal for the State of California found, in a split decision, that employees who were required to call in two hours before a scheduled on-call shift in order to confirm their shift, should be compensated under laws governing "reporting time pay." This decision should remind California employers of the need to compensate on-call employees consistent with the Labor Code, Wage Orders, and any other applicable laws. Employers should also consider that—pursuant to the majority opinion in Ward v. Tilly—requiring employees to call in ahead of on-call shifts amounts to asking them to report to work and they should be compensated for this time. More ›

CA Court Finds Employer not Obligated for Reporting Time or Split Shift pay, but Denies Employer Prevailing Party Fees

Under California law, employees may be entitled to additional compensation if they show up for a regularly scheduled shift but then are sent home early, or, if the employee works a split shift in a single day. Pursuant to Cal. Code Regs., tit. 8, § 11040, subd. 5(A), "each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee‘s usual or scheduled day‘s work, the employee shall be paid for half the usual or scheduled day‘s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee‘s regular rate of pay, which shall not be less than the minimum wage. Additionally, a split shift is a "work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods." When an employee works a split shift, one (1) hour‘s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment. (Cal. Code Regs., tit. 8, § 11040, subd. 2(Q) and 4(C).) More ›

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