Already a Member? In response, Tilly's argued that the phrase "report for work" requires an employee's physical presence at the workplace at the start of a scheduled shift. In the case of Aleman v.AirTouch Cellular (PDF), decided on December 21, the employee claimed … On the heels of another favorable appellate decision earlier this year, a recent Court of Appeal decision has held that employees are not entitled to reporting time pay when attending a scheduled staff meeting lasting less than two hours. Sign In Below. 2019), review denied (May 15, 2019), holding as much. Is Reporting Time Pay Always Required? This includes using drivers to deliver products and outside agencies to perform cleaning and other services necessary to maintain operations during the pandemic. Reporting Time Pay laws are notoriously tricky for employers. When the interruption of work is caused by an Act of God or other cause not within the employer’s control, for example, an earthquake. For employees 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. Since you worked only one hour, which is less than half your scheduled day's work, your employer is required to pay you for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours. The concept of “reporting time pay” was created to ensure employers do not take advantage of workers by scheduling workers to report to work and then sending them home without being put to work. However, the California Department of Industrial Relations also publishes wage orders (referred to as “Industrial Welfare Commission orders“) that offer protections for California employees. In addition to the one-hour of reporting time pay, you are also entitled to one hour of overtime pay. 4.         Setting out on a trucking route; In the situation described, since less than two hours of work was provided on the second reporting (i.e., the one hour training session) one hours' pay is due as the reporting time pay penalty. "Reporting time pay” is a form of wages that compensate employees who are scheduled to report to work but who are not put to work or furnished with less than half of their usual or scheduled day’s work because of inadequate scheduling or lack of proper notice by the employer. The evidence and testimony presented at the Labor Commissioner's hearing will not be the basis for the court's decision. Reporting time pay in California is intended to ensure that employees are paid for a mandated minimum number of hours if they are not allowed to work their full shift. Initial action taken regarding the claim can be referral to a conference or hearing, or dismissal of the claim. When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system. Employers are not required to pay reporting time pay if the employee voluntarily leaves work early.  For example, if the employee becomes sick or must attend to personal issues outside of work and leaves early, then the employer is not obligated to pay reporting time pay. You must pay reporting time pay in a number of circumstances. California minimum wage laws require employers to pay non-exempt employees reporting or show up pay, unless an exception applies. Five things to know about reporting time pay under California law, Five items California employers need to know about new law extending deadline for required sexual harassment training, End of employment issues for California employers, Five keys to managing a successful business in California, Panel discussion: Employers Best Practices In Reducing Employment Law Liability, Learn about best employment law practices for 2018, my prior post on Aleman v. AirTouch for a more detailed discussion, When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue; or, When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or. In California, industry-specific Industrial Welfare Commission (IWC) Orders supplement other wage and hour requirements found in the California Labor Code. Preview This premium content is for our members. No. Only the one-hour actually worked, however, counts as actual hours worked. Because you left work on your own volition to attend to a personal matter, you are not entitled to any reporting time pay. 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. On March 19, 2020, the United States Court of Appeals for the 9th Circuit in Herrera v.Zumiez, Inc. sided with the California Court of Appeal in Ward v. Tilly’s Inc., 243 Cal. In California, industry-specific Industrial Welfare Commission (IWC) Orders supplement other wage and hour requirements found in the California Labor Code. 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 only one hour, which is less than half your scheduled day's work, your employer is required to pay you for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours. CV 14-6412-GW) 2014 WL 12644922, at * 5 (C.D. Employers don't have to pay for reporting time in a disaster or emergency scenario. Generally, if an employee reports for their regularly scheduled shift but is required to work fewer hours or is sent home, the employee must be compensated for at least two hours, or no more than four hours, of reporting time pay. Or Start a Free Trial Now for 15 days. Employers in California, and their payroll and HR staff, are required to monitor these situations and ensure that any affected workers are paid correctly and accordingly. This provision of the law applies even though you were called back to work later that same day and worked a full shift. Employers don't have to pay for reporting time in a disaster or emergency scenario. You must pay reporting time pay in a number of circumstances.� Reporting Time Pay By Corey Hanrahan Employers may know about the California Labor Code, which grants employees certain protections from unlawful treatment by employers. Traditionally, reporting time pay was required when an employee physically showed up to work and was sent home or given fewer than half the scheduled hours. California’s Reporting Time Requirements. Exceptions to the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) are as follows: The reporting time pay provisions do not apply to employees on paid standby status or when an employee has a regularly scheduled shift of less than two hours, such as a relief cashier who works only during a one-hour period in the middle of the day. 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