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Thread: Minimum Show Up Time Pay in California

  1. #1

    Default Minimum Show Up Time Pay in California

    If an employee showed up for work, worked 2.75 hours and then
    was sent home to change their clothes because they were dressed inappropriately and that employee decided not to come back to work (and it was ok'd by their manager) do we have to pay them a minimum of 4 hours pay for that day?

  2. #2
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    Default Report Time

    California requires that an employee be paid a minimum of 2 hours if the employee comes to work and there is no work available. In this case, the employee had work and is to be paid for the 2.75 hours.

    In addition, the employee was not dressed appropriately. So, in the future, to avoid such problems, you may wish to have each employee sign a statement that gives them the uniform requirements and has them acknowledge that if they come to work inappropriately dressed, they will be sent home without pay. If you have such a statement, you shouldn't let them work any hours. Otherwise, the question might be as to why the inappropriate dress didn't matter at first. It appears that the employer is taking advantage of the employee. Good luck and let me know if you have any other questions.

  3. #3

    Default Clarification

    I can't seem to find anything on the California.gov website that says anything about a two hour show up. Everything that I see is 4 hours. Can you direct me where to get documentation of the two hour show up? Thanks for your assistance!

    (In a facility with over two hundred employees it is next to impossible to catch a person dressed outside of the dress code at the beginning of their shift. Part of the 2.75 hours they worked was an hour of arguement by the employee)

  4. #4
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    Default California

    I'm glad you asked. I recently told my sister-in-law (who is in HR in California) that the very best resource for many HR questions is a manual that can be found on the state of California's website. It is the enforcement manual used by the Labor Standards Enforcement Division. It is what their staff uses to determine if there is a violation. You can find it at: http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf

  5. #5

    Default Show-up pay

    Can you be more specific on where to find information regarding Shop-up pay in the DSLE Manual? What section is it in?

  6. #6
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    Default

    Quote Originally Posted by bkconstruction View Post
    Can you be more specific on where to find information regarding Shop-up pay in the DSLE Manual? What section is it in?
    Please start your own thread. You tacked your question onto a thread that is years old.

    And when you do, please explain what you mean by "shop-up" pay? Do you mean "show-up" pay?

  7. #7
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    Default California reporting time pay

    See Section 45 - Reporting Time Pay. 2 hours may or may not be the right answer - it's certainly not the right answer in all circumstances. In fact, 4 hours is probably the more common minimum for a full-time employee - see the above referenced manual and http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay for an explanation.
    Last edited by Calif Business Lawyer; 04-01-2008 at 05:43 PM. Reason: Correct spelling error
    California Business Lawyer Jonas M. Grant, Esq., Law Office of Jonas M. Grant, P.C., Los Angeles, California
    Postings are general information only; do not constitute legal advice or form an attorney-client relationship; are not updated and thus may be out of date; and should not be relied upon to resolve specific legal issues. For legal advice, retain an attorney in your state. IRS Circular 230 Notice.

  8. #8
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    Default

    CaliforniaBusinessLawyer, the hijacking poster probably started his own thread as requested 3 months ago.

  9. #9

    Default Half your hours for reporting time


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    Default

    Longgreentoes, please do not reply to old dead threads - thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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