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  • Show Up Time California

    I work in the construction industry. I was wondering if we have to pay show up time (4hrs) if an employee shows up to work and is sent home after an hour because the equipment that he needed broke down and could not be repaired.

    Everyone is scheduled to work 8 hours and we own the equipment.

    Thanks

  • #2
    The way I read California law is you must pay one half of the scheduled time, but no less than two hours and no more than four.

    If the employees were scheduled for eight or more hours, you get to pay them four hours for showing up for work and being sent home.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        would it fair to say that since it was our equipment and we were not able to provide the tools necessary for them to perform their job we were at fault and therefore we need to pay them?

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        • #5
          "Fair"? Maybe. But my main reaction is that you are bringing up points not actually mentioned anywhere in law. Let's say that there is no equipment involved at all. The Reporting Time rules stay the same. Your reference to equipment and tools is apparently trying to make a point not actually mentioned in the law.

          It would be more accurate to say that you told your employees to report to work, they did, you had no work for them, and you sent them home. That is all the Reporting Time rules look at. You can bring up the other stuff, but it does not really change anything.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Originally posted by gisell511 View Post
            would it fair to say that since it was our equipment and we were not able to provide the tools necessary for them to perform their job we were at fault and therefore we need to pay them?
            You get to pay them whether or not it was your fault or not.

            However, let's say that you are a contractor and are supposed to clean the floors of an establishment during the weekend. Your crew reports for what is expected to be a four hour job. No one from the client shows up to let you in. After waiting for a half hour (and failing to reach the client by phone), you give up and send your folks home. You get to pay them for the two hours. I would, if I were you, look to tag the client for the time (not the full bill, since you used no supplies or equipment). They are not required, by the employment laws, to pay you. This is a matter of contract. In the absence of a contract stipulation that does not allow you to get paid for the time of the employees, I would go for it. If the client refuses, don't do business with them anymore.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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            • #7
              I'm not an expert by any means but I thought there was an exception to reporting time pay when the employees are sent home for a reason the employer could not have foreseen and could not control.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                From the FactSheet:

                Exceptions to the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) are as follows:

                - 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
                - 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.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Originally posted by DAW View Post
                  From the FactSheet:

                  Exceptions to the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) are as follows:

                  - 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
                  - 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.
                  Helpful information DAW
                  Walter

                  www.California-Labor-Law-Attorney.com
                  "Wage and Hour Class Action Attorneys"

                  Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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                  • #10
                    The CA-DLSE factsheets are not perfect, but they are a very good starting point. The question-and-answer format is very useful if you can find your actual question listed. Often times a reading of the actual law raises more questions then it answers.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      Originally posted by DAW View Post
                      The CA-DLSE factsheets are not perfect, but they are a very good starting point. The question-and-answer format is very useful if you can find your actual question listed. Often times a reading of the actual law raises more questions then it answers.
                      not to mention case law.
                      Walter

                      www.Californialaborlaw.info
                      "California Wage and Hour Class Action Attorneys"

                      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                      Comment

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