Scott Cole & Associates - Employment Class Action Lawsuits - Wage and Hour Law - Reporting Time Pay

Are there times when you arrive at work for your regularly scheduled shift, but your employer sends you home because of poor scheduling, lack of sufficient notice, or because business is slow that day? If so, you should know that “Reporting time” (sometimes called “Stand By” time) is generally considered “hours worked” for which non-overtime-exempt employees must be compensated. If you report to your job, but are not assigned work, or are furnished less than half your scheduled shift, you are usually entitled to one-half your regular wage for a full shift -- not less than 2 hours, and up to 4 hours -- even if you are assigned no work at all and are sent home. Moreover, if you are required to report to work a second time on the same day, you must be paid at least 2 hours, again, even if you perform no work. While this situation commonly occurs in the construction work context and in the restaurant industry, workers across nearly all industries can benefit from these laws. Exceptions to this rule are limited to when (1) the employee is late and is thereafter sent home as a form of discipline, (2) the employee is not fit to work, (3) an unexpected event, off-hours, makes it impossible to operate the employer’s facility, (4) there is a failure of public utilities, (5) the work is interrupted due to an act of nature, and/or (6) there have been threats to employees or the property, or when the employee has been advised to vacate the premises by the authorities.

WAGE & HOUR LAW: SPLIT SHIFT PREMIUM PAY

Are there times when you are assigned two non-consecutive shifts the same day? If so, you should know that a work schedule which is interrupted by non-paid, non-working periods, as established by the employer (other than bona fide rest breaks or meal periods of no more than 1 hour) is considered a “Split-Shift.” When an employee works a Split Shift, one hour’s pay (at the minimum wage permitted by law) must be paid in addition to the regular wage for the remaining hours actually worked that day. Split-Shifts commonly occur in the restaurant food service context and within the security guard industry. The only exception to the rule explained above is where the employee resides at the place of his/her employment or is an overtime-exempt worker.

These questions and answers are for educational purposes only and cover just a few topics that are commonly of interest to workers. This material should not be construed as legal advice, the establishment of an attorney-client relationship, or as indicative of a particular outcome regarding any legal issue you might have.