There has been significant litigation over reporting time pay that is owed when employees are called in for meetings.  If an employee is called in on a day in which he is not scheduled, the employee is entitled to at least two hours of pay, and potentially up to four hours if the employee normally works 8 hours or more per day. On February 5th, a California Court of Appeal announced a drastic change to California’s reporting time pay rules that will directly impact the scheduling policies of all employers in the state. 3 hours regular rate. The latest litigation trends, court decisions, & issues on California Employment Law. states do not have reporting time pay laws. Victoria’s Secret Stores, LLC (No. The Reporting Time Pay law requires that California employers pay employees at least half of all scheduled shifts, even when canceled. The reporting time payment is equal to half of the scheduled or regular shift, no less than two hours and no more than four. This means that regardless of whether a worker is sent home early from their scheduled shift, or if they are asked to show up to work for a short period of time than scheduled, they should still get paid a fair amount of wages for reporting to work. In the case, the court ruled that employees who reported to work for regularly scheduled short meetings were not entitled to additional reporting time pay. Since you worked for one hour, you must be paid for that hour's work, and for two hours of reporting time penalty pay, for a total of 3 hours of pay. Tit. A California court ruled favorably for employers in a case concerning two technical wage and hour rules that can cause confusion: reporting time pay and split shift pay. 1 hour of overtime for the ninth hour actually worked in the workday. Performing at a level that the employer feels is unacceptable does not fall within any of the exceptions to the employer's obligation to pay reporting time pay. What is reporting time pay? What is reporting time pay? Already a Member? Reporting time pay constitutes wages.  (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal. Or Start a Free Trial Now for 15 days. A second case addressed this issue directly, Aleman v. Airtouch Cellular. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing. 2.         Presenting themselves for work by logging on to a computer remotely; 17 For minor employees who report to work, Oregon requires that the employer provide “reasonable compensation” to the minor who is not provided with at least half the scheduled shift. For immediate access, join online or by phone at (800) 649-4921. In fact, Oregon’s Reporting Time Pay only applies to minors under age 18. Show up pay covers two types of situations: employees who show up for a scheduled shift but are not permitted to work any time California’s Reporting Time Requirements. When the employer's operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue. California’s Labor Commissioner provides the following example: For example, if an employee is scheduled to report to work for an eight-hour shift and only works for one hour, the employer is nonetheless obligated to pay the employee four hours of pay at his or her regular rate of pay (one for the hour worked, and three as reporting time pay). When the Order, Decision, or Award (ODA) is in the employee's favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer. In addition, if an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay. Employers must remember, when an employee is scheduled to work, the minimum two-hour pay requirement applies only if the employee is furnished work for less than half the scheduled time. The amount of pay owed is half the usual or scheduled day’s work, but in no event for less than two hours or more … (Elevator, Ride & Tramway, Pressure Vessel), Permits, Registrations, Certifications, & Licenses, Worker Safety & Health in Wildfire Regions, Electronic Adjudication Management System, Commission on Health and Safety and Workers' Compensation (CHSWC), Policies and Procedures of Wage Claim Processing, file a discrimination/retaliation complaint, Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. The following summarizes your total pay due for the day: If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. The question then arises as to whether or not the on call employee is entitled to pay, and if so what are the "hours worked"—the entire period of time the employee is on call, or just the time spent addressing the emergency. In a case of first impression, the California Court of Appeal has clarified the scope of an employer’s obligation to pay reporting time and split shift premiums under the California Industrial Welfare Commission’s Wage Order No. A California appellate court, however, ruled in the case of Aleman v. Preview This premium content is for our members. The jurisdictions that do have reporting time pay laws are: California, Connecticut, the District of Columbia, Massachusetts, New Hampshire, New Jersey, New York, Oregon (minors only), and Rhode Island. 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