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Sent home before 2 hours, not paid for 2 hours - California

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  • Sent home before 2 hours, not paid for 2 hours - California

    I live in Bakersfield, California. I understood that if you are not kept at work for a full 2 hours you must still be paid for 2 hours. One day I was suspended and sent home at 1.68 hours. I just got my check for that period and added up my time (I keep a very detailed record of my time and tips) and I was paid only for the time I was there, 30.34 hours in that period. Had they paid me for the whole 2 hours I would have worked 30.67 hours. At $8/hr that is a $2.64 reduction.

    Am I correct about the 2 hour minimum thing? Does that apply because I was sent home and did not go home voluntarily? Do they owe me this reduction?


  • #2
    It is my understanding that the issue of pay you believe applies does not. You were suspended! In general the pay issue you assume applies is for issues where employees are sent home due no fault of employer or employee
    Last edited by panther10758; 06-08-2012, 05:34 PM.


    • #3
      I also remember it that way. If you're sent home for lack of work, you get a minimum of 2 hours. If you're sent home as a disciplinary measure, the reporting rule law does not apply.
      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.


      • #4
        What were you suspended for?


        • #5
          That's another issue I suppose. It was never explained. I was given no written statement either. I had my hand in a sink, waiting for sanitizer to fill to about in inch to switch to water and my supervisor came back and told me to go home. I tried to get an explanation from her, I wasn't even sure she was serious. All she said was that she had earlier told me to stop standing around, which was false but irrelevant because I was working. So I cashed out and went home and was never talked to about it since. That was a week or two ago.


          • #6

            Additionally, employers are not obligated pay reporting time pay under the following circumstances:
            1. If the employee is not fit to work.
            2. If the employee has not reported to work on time and is fired or sent home as a disciplinary action.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)


            • #7
              Well that's my answer then. Thanks.


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