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time worked on days off-min hrs? California California

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  • time worked on days off-min hrs? California California

    Hello there.
    I understand about the Report wage rules but would that apply to this case?

    I work for a broadcasting company, non exempt 40 hr /week. We occasionally have speecial shows that fall on my normal days off. they have asked me to work 1 hour each normal day off for the shows. I work five 8hr days /wk.
    If I am working on my days off, is there a minimum amount of hours required by the state of California that my employer is required to pay me? The couple extra hours should be OT since it will push me over 40hr/wk, but it just seems silly to drive for two hours to work for 1 hour.

    The company my wife works for follows a policy where anytime an employee comes in on their day off for any type of work related matter such as a meeting, that the company pays the employee for a mimimum of 3 hours of time worked, regardless of whether or not they were there for less. Is that a company policy or California state law?
    Thanks for reading!
    Last edited by bigviolin; 10-23-2007, 10:51 PM.

  • #2
    This is going to be a soft answer, and perhaps my friend here who is better at CA law than I am will add to it, but my understanding of the law is that it requires minimum reporting pay of 1/2 your scheduled shift (minimum of 2 hours) and that it does NOT apply to nonscheduled shifts at all.

    I don't disagree with you, it would be annoying at best to have a 2-hour commute for one hour of work. Your wife's company is, I believe, doing more than the law requires; some companies do understand the inconvenience of these situations and try to compensate the employees for that in some way.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The following are the CA rules on the subject:

      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
        DAW, do you read that as requiring the 2-hour minimum even if only scheduled for one hour (regardless of whether or not it's a regularly scheduled work day)? I don't see any exception for that circumstance in the FAQs.
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        • #5
          From the Fact Sheet
          Each workday an employee is required to report to work, but is not put to work or is furnished with less than half of his or her usual or scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work, but in no event for less than two hours nor more than four hours, at his or her regular rate of pay.

          From the DLSE enforcement manual..
          45.1.3 “Employee’s Usual Or Scheduled Day’s Work.” If an employee has no regularly scheduled shift, then the usual shift worked by the employee (but in no event less than two or more than four hours) must be paid. However, if an employee has a regularly contracted “scheduled” relief shift* of less than two (2) hours the reporting time penalty is not applicable. However, in such a situation the employee must be paid for the regularly scheduled contracted amount.
          45.1.3.1 Example: Assume a worker is scheduled to work four days of two hours each and one day of one hour. The regularly contracted relief shifts are not subject to the reporting time penalty. Note the emphasis on regularly contracted part-time relief (see AG Opinion in footnote). This exception would not apply unless the shift is regularly scheduled and is less than two (2) hours.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            There's the exception (at least the way I read it). I should know to look at the enforcement manual first. Thanks.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              The fact sheets are a lot better then nothing (all states should have them), but some questions are less then clearly spelled out on the fact sheets. More over, most labor laws have been around for a long time. Most issues that can be raised have already been raised and resolved in some fashion. In CA anyhow, their enforcement manual does a generally good job of spelling out how these issues have been resolved (again, all states should have one).
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Thanks, DAW, I couldn't agree more.

                BTW, bigviolin, does your moniker mean you play the stand-up bass or cello?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  still confused?

                  Thanks for the quick replies. Pattymd- Big Violin was the name of a band i used to play in. I think i need it spelled out for me- it still seems like it could go either way to me.
                  Would this be correct:
                  my normal 5 days @8hrs =40hr
                  my extra 2 hrs at OT(1 hour worked each day)
                  then Report time wage of 6hrs(3 each day)

                  or did i totally miss the boat?

                  Much Thanks,
                  Last edited by bigviolin; 10-24-2007, 04:59 PM.

                  Comment


                  • #10
                    Where did the OT come from? And what do you mean by "each day"? You said your normal workday is 8 hours. That means if you show up as requested on a day not normally scheduled, then you must be paid for half the usual or scheduled day’s work, but in no event for less than two hours nor more than four hours, at his or her regular rate of pay. The reporting time is "time worked" for all purposes including overtime calcuation, but your question is maybe phrased in such a way that you mean something else.

                    Example. Bob works M-F 8 hours per day. Bob is told to report to work Saturday (not a normally scheduled day) and is told to go home after one hour. Bob has functionally worked 4 hours under the reporting law on Saturday. Under CA law, Bob has functionally 44 hours worked that workweek, 40 at straight time and 4 at 150% OT under the federal rules, not because reporting time is inherently OT, but rather because reporting time alters the "hours worked" under CA rules, and the "hours worked" determine the OT calcuation.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      Please correct me if i am wrong but your employer can schedule you to come in for one hour. If you come in and work that one hour that is all they are required to pay?

                      If you are called in with no guarentee of hours you must be work or be paid at least 2 hours.

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                      • #12
                        Christamcd-that's where i'm confused on the wording of the law. I was scheduled for just one hour on each of my two normal days off.
                        thanks again for the help

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                        • #13
                          Christa's understanding is the same as mine; If you are only scheduled for an hour you only have to be paid for an hour. My state is one of the very few, along with CA, that has a reporting pay law and that's how it works here. But given that this is CA I will not swear that we are correct.
                          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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                          • #14
                            bigviolin, why don't you just call the DLSE and ask them? Theirs is the only opinion that counts, anyway. And let us know what they say?
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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