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Minimum Show Up Pay In California California

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  • Minimum Show Up Pay In California California

    Hi my name is Jesse,

    I currently work at (deleted) as a server. Lately I have been growing more concerned about how they maybe trying too hard to save on labor cost that they are breaking the law. There are two instance that just seem wrong.

    Example 1:

    On Sundays all evening scheduled employee in time is at 4:30pm in which we all meet to have a shift meeting. This normally takes about 10-15 minutes in which we discuss areas of concern for that night and any other focuses. However we are never clocked in for this. Doesn't this constitute as work related therefore we should be clocked in?

    Example 2:

    Because a restaurant is highly volatile we on several different occasions are sent home early. Many times we are called at home and told to stay home even though we are scheduled to work. Doesn't the state of California have a labor law stating that they must pay us a minimum of two hours (correct me if I am wrong) of work regardless if two hours were completed or not based on that employee being scheduled to work?

    any help and advice would be appreciated.

    Thank You,
    Jesse
    Last edited by cbg; 02-05-2008, 06:48 PM.

  • #2
    1.) I would think so, yes.

    2.) The answer is different depending on whether you come in and are sent home, or are called and told not to come in. If you come in and are sent home early, you must be paid for 1/2 of your scheduled shift, with a minimum of 2 hours and a maximum of 4. However, if you are called and told not to come in, then no reporting pay is due since you did not report.
    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.

    Comment


    • #3
      By statutory definition the term "employ" includes "to suffer or permit to work." The workweek ordinarily includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place.

      http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

      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)

      Comment


      • #4
        Thanks

        I appreciate all the advice. I went to my local labor law office. They advised me that this sounds more like a class action lawsuit and it maybe better to approach it in that manner since there is back pay and more than just one person effected by this.

        Thanks!

        Comment

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