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California reporting time pay

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  • California reporting time pay

    I have just gotten back from a conference with my former employer & a commissioner. At this conference I was asking to be paid for reporting to work on my regular schedule days and being sent home. My former employer stated that the days I claim am owed reporting pay, I was not scheduled. The commissioner told me that the burden of prove is on me. How do I prove that I was scheduled on theses days? I'd appreciate any help. I was given a week to prove this to the commissioner before he throws out my case.
    Last edited by Toe Knee; 02-15-2011, 04:55 PM.

  • #2
    Toe Knee, you added your question to another poster's thread. You should
    have started your own new thread. I will start one for you.
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Were you actually scheduled? How many times did this happen? How did you know that you were scheduled? Did CA-DLSE say exactly what the problem they had with your claim?

      Examples.
      - Jan normally works M-F, 8 hours a day, 8-5 (1 hr lunch). Jan has every reason to believe that if she shows up for work on a normal day that she was scheduled to work, UNLESS she was specifically told otherwise.
      - Dean has a very irregular work schedule. He basically shows up when called. If Dean wants to claim show up time, Dean would be expected to be able to support WHY he thought he was scheduled to work at a particular time. The reporting time law is not written in such a way as to let Dean file a wage claim every time he thinks he should have had a shift.

      I was not at your hearing. I do not know what you know. I do know that apparently CA-DLSE found your story less then convincing. You would have a better reason then we would why that is true. You are not giving us much to work with.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        My usual schedule was 7pm-close & I averaged 6 hours a shift. My former employer would print out a schedule for a week that would be used for months. Over 80 different occasions in 3 years I would go to work & be sent home before working 4 hours due to lack of customers. The commissioner stated that I had to prove that I was actually scheduled these days. I don't have proof of what the posted schedules rshown from the past 3 years(who would?). It seams impossible for me to be able to prove this. My pay stubs didn't show what hours I was paid for indivdual days. They only showed my total hours worked for the pay period(like all other stubs I've ever seen). If the commissioner is correct, & the burden of proof is on me, how do I prove this? I doesn't seam as if this would ever be possible.

        Originally posted by DAW View Post
        Were you actually scheduled? How many times did this happen? How did you know that you were scheduled? Did CA-DLSE say exactly what the problem they had with your claim?

        Examples.
        - Jan normally works M-F, 8 hours a day, 8-5 (1 hr lunch). Jan has every reason to believe that if she shows up for work on a normal day that she was scheduled to work, UNLESS she was specifically told otherwise.
        - Dean has a very irregular work schedule. He basically shows up when called. If Dean wants to claim show up time, Dean would be expected to be able to support WHY he thought he was scheduled to work at a particular time. The reporting time law is not written in such a way as to let Dean file a wage claim every time he thinks he should have had a shift.

        I was not at your hearing. I do not know what you know. I do know that apparently CA-DLSE found your story less then convincing. You would have a better reason then we would why that is true. You are not giving us much to work with.

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        • #5
          I think I see your problem.

          Regular schedule is 7 pm to close. The manager on 80 occasions closed early due to lack of customers.

          You do not have a contract giving you 6 hours a shift, you have a schedule saying 7 pm to close.

          The place was closed because of no customers, yet you expect to be paid for not working, when your boss has no income?

          You were paid from 7 pm to when the store closed, were you not?

          Comment


          • #6
            Then the OP should prepare a short very polite document clearly stating this and submit it as requested. If you are following a printed schedule, then that is a pretty good argument. However, the reporting time penalty is NEVER a sure thing. CA-DLSE is very clear that this is something that they have the option to grant. The more irregular the shifts and less predictable the days worked, the less sure thing it becomes.

            I am still unclear on whether someone actually told you to report to work, or you just decided on your own to show up. If I am reading this correctly, you are saying that you been reporting the same day for months now, and just continued to do so. If you actually know who told you to report to work, say so in your document. There are really two different issues in play. Did someone actually tell you to report to work, and what is the "scheduled" shift length.

            If this is a one time thing, and CA-DLSE decides against you, no big deal. Do not burn any bridges with them (or your employer). But you now know what type of documentation you need to support your claim. If this keeps happening, do a better job of supporting your story, and file again. You might also get a different ALJ.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

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