Employees who show up for work but don’t have the chance to work for at least half a day’s work should be compensated.
In California, reporting time pay is for any employee who is not allowed to work for their entire shift.
Unfortunately, even with the many lawsuits filed by affected employees, California employers continue to violate the law. Again such employers don’t monitor their records correctly to ensure affected employees are paid.
If your employer has not reviewed the call-in policies, and is reluctant in paying your reporting time, they may face a reporting time pay lawsuit.
Your Reporting Time Pay
If your employer has been sending you home occasionally after reporting to work before your shift is halfway completed, you should be compensated. For instance, if your employer has scheduled an 8hours work shift, you report to work but end up working for one and a half hours, and there occurs a machine technical hitch, your employer should pay you for four hours worked as half of your scheduled time. In other words, your pay should before at least 2 hours, but not more than 4 hours of your employer’s regular pay.
There are situations where the above the law does apply. Examples include:
- When there public utility failures such as water or gas
- Act of God such as poor weather
- Threats to employees
But it’s worth noting that if your employer sends you home after you have worked more than half of your scheduled shift, you will only be required to receive your actual hours worked.
Any violation of the wage and hour pay law is called wage theft, and penalties and fines must apply.
Suppose you think you have a wage and hour dispute but wondering how to go about your case. In that case, you can look for an employment law attorney in California to evaluate whether you have a valid claim and whether the provision applies to you.
When You Are Not Getting Paid
If your employer is reluctant to pay your wages regarding repotting time pay, there are some considerations you can make to protect your rights as an employee:
- Confirm the mistake: If you think you have been paid incorrectly, start up the process by confirming the issue with your pay slip or any record showing your payments. For such, look for information about the number of hours you have been paid. It’s always vital to have a record of the hours you work and the date. Then, if the correct hours are paid, check whether it’s the correct rate.
- Talk to your employer: The best thing you can do is to talk to your employer about your issue and find out why.
- Raise your complaint: If your employer is unwilling to correct the mistake, check whether there is a procedure for filing complaints. If your employer’s policy procedures are outdated, look for a lawyer to guide you.
- Act quickly: Where you have a genuine case, act promptly. It’s the best way to enforce your rights. You will have an easier time getting the correct documents to support your claim. But a lawyer can guide you on how to file your wage claim in California.
Different claims have different time limits to which a wage claim is possible. Once such time elapses, you are barred from filing your claim. Your reporting time pay will constitute your wages that require prior notice and scheduling.
If you are a nonexempt employee whose employer has improper work schedules, it becomes easy to get incorrect wages. By this, you will need legal help to determine whether your case is worth pursuing. A lawyer will tell you how much you are likely to collect if you win your unpaid wages claim.
Sometimes it’s hard to detect whether being sent home would trigger your reporting time pay. If not sure, you can get legal advice from an experienced lawyer. Such a lawyer will review all applicable exceptions and determine whether they would apply in your given situation.
Another point to note is that your wage claim is governed by federal and state laws, meaning you will have to follow specific procedures to make your claim worth it. Your lawyer will discuss the best available options to put your employer into a fix for wage violation. He/she will provide the options that will not limit your chances to recover damages from your employer. Also, your lawyer may negotiate the matter with your employer for a settlement.
Where this has been happening to many employees, you can choose to file a common lawsuit- class action.
Legal representation is the best when you are unsure of the best strategy for your claim. Through the free case evaluation, you will learn more about reporting pay time, interest, penalties and more about your attorney’s fees.