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??Asked to come into work, but then to leave?? California

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  • ??Asked to come into work, but then to leave?? California

    I was wondering.. I was scheduled to work on the day after Christmas, but when I arrived to work I was asked if I would go home because it was slow. I was there for about 15 minutes and clocked out. I was told they have to pay for 4 hours worked in this situation. They will not pay, because they say I was willing to leave. What is the law?

  • #2
    In California from the DLSE manual:

    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.

    How many hrs. were you scheduled to work? (Yes, you might be due 4 hrs.) It seems to me you probably didn't have any choice but to leave if you were "asked" to leave.

    If your employer will not pay you, you can file a complaint/claim with the Ca DLSE.
    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

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    • #3
      Did they say "go home" or "we're slow do you want to go home?"


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