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power outage California

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  • power outage California

    must an employee still pay your wages if there was an power putage and they called everyone not to come in. they are telling us we have to use our pto (paid time off) but some of us do not have any accrued pto.

  • #2
    If you are a non-exempt employee, no, they are not obligated to pay you if they called you and said not to come in. If you don't have any PTO to use and they don't voluntarily pay you, you'll have to take the time unpaid.

    It would have been different if you'd been at work, or reported to work, and told to come home. Had that been the case, under California's reporting pay laws you might have been entitled to partial pay for the day, depending on how far into your shift you were when you were sent home. But since they called you and told you not to come in, you are not due any pay.

    If you are an exempt employee you cannot be docked for this reason, though if you have PTO you can be required to use it.
    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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    • #3
      Actually I believe that "acts of god" exempt the reporting time requirement. One would have to be payed for the hours actually at the work site.
      I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

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      • #4
        What about those employers that do not believe in God Joe? I can name several..smiles.
        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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        • #5
          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.
          Additionally, employers are not obligated pay reporting time pay under the following circumstances:

          If the employee is not fit to work.
          If the employee has not reported to work on time and is fired or sent home as a disciplinary action.
          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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          • #6
            Originally posted by CaLaborLawAttorney View Post
            What about those employers that do not believe in God Joe? I can name several..smiles.
            They must be the ones that don't mind paying reporting time pay.
            I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

            Comment


            • #7
              Originally posted by CaLaborLawAttorney View Post
              What about those employers that do not believe in God Joe? I can name several..smiles.
              Or think that they are God? That can be convient to the employer if they are not legally responsible for any acts of "God".
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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