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Does employee get paid for 2 hours or 4? California

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  • Does employee get paid for 2 hours or 4? California

    Hello all...I have a question and hopefully I can type this so it can be understood.

    I work for a retail company based out of Ohio who has stores located in California. I was asked this question today by one of our CA employees and I'm not sure of the answer since the law in question is not clear to me.
    The employee was not on the schedule for today, but came in to cover a shift for 2 hours since another employee needed to leave early unexpectedly. She was called in to make sure the store was properly staffed and only worked 2 hours. The employee feels that she is to be paid for 4 hours for that time and is basing this on what her other employer has done in the past.
    I located some information on CA website pertaining to this, but I'm not quite sure if she should get the 4hours since she wasn't scheduled. Any help on this is greatly appreciated!

  • #2
    I would say that 4 hours are due:

    http://www.dir.ca.gov/dlse/Manual-Instructions.htm

    45.1 Reporting Time Pay. Section 5 of each of the Orders provides:
    (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.
    Last edited by DAW; 07-07-2010, 01:43 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      http://www.dir.ca.gov:80/dlse/FAQ_ReportingTimePay.htm
      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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      • #4
        Thank you for your replies.

        So, in the event that an employee who was asked to work 2 hours to cover a shift, they would still get 4 hours because it is based on their normal work schedule...if I'm reading the law right? We've never had this issue come up and the employee's work schedule does flux from 3 to 6 hours a day when she is scheduled. (She's part time so that's why her schedule is so varied.) I know this issue has no bearing on her actual status. I just want to make sure I get her paid correctly.

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        • #5
          That is my understanding although you could contact CA-DLSE directly if you want a firmer answer.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thanks Daw for all your assistance! I really appreciate it and I think we'll just pay it to be on the safe side for now. I will call CA-DLSE to verify and place it in our CA Procedue Manual with their reply for future referrence.

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            • #7
              Actuall, if you get something official and electronic from them, please post it in this thread. I would not mind a copy myself.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Will do!

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