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walker3
12-11-2005, 04:09 PM
My husband is a food server at a local restaurant. He has, on three separate occasions, been scheduled to work, has arrived to work and has been sent home due lack of functioning hand-held computers (for taking food orders).

I thought there was a law that required that employees be paid half or their scheduled compensation when they show up for a scheduled shift and are sent home. I looked at the State of Ca DOL website and could not find anything.

Also, his pay stubs do not specify the period for which the respective paycheck covers, so it is difficult to tell whether or not he was compensated for his "missed" shifts.

There is also a slight possibility of (this and other) occurrences of racial discrimination, but how does one prove that an act is committed out of racial discrimination or not?

Please advise. Thank you.

mtracy
12-11-2005, 09:02 PM
The wage order that covers restaurants is Wage Order #5, found here:
http://www.dir.ca.gov/IWC/IWCArticle5.html.

Please read Section 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.

In terms of the pay stub, the employer is required to show, among other things, "the inclusive dates of the period for which the employee is paid."

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