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I'm in CA. I've been doing some part time work and the employer requires us to report 15 minutes before our pay start time or we may get sent home.
Example-work starts at 10 AM, you get paid from 10 AM but if you're not there at 9:45 you're out.
Is anyone familiar with the law in this scenario? I've been researching the California Labor Code but I don't see it addressed. Does anyone know the Code section where it's addressed?
I understand that if you're a cashier or something they may require you to be at your station at a given time but I wouldn't think that they could could dictate when you arrive at the store to be ready unless they said "punch in at 9:50 AM so you're ready at 10"; but in that case, you'd be paid from 9:50 onward.
Some if not many workers get to the job a couple of mins before time to punch the time clock...get their cup of coffee...need to use the bathroom and now it's 20-25 mins after they punched in. I would call that not being ready to work.
The business owner probably had some bad past experience with employees thus they drew the line. I don't blame them at all.
Some if not many workers get to the job a couple of mins before time to punch the time clock...get their cup of coffee...need to use the bathroom and now it's 20-25 mins after they punched in. I would call that not being ready to work.
The business owner probably had some bad past experience with employees thus they drew the line. I don't blame them at all.
I have no qualm with "ready and able at the specified time". My issue is that they are requiring people to be there 15 minutes early and in some cases, sending people home who show up a couple minutes after the 15 minute early time; not to mention not paying them for the 15 minutes.
I'm in CA. I've been doing some part time work and the employer requires us to report 15 minutes before our pay start time or we may get sent home.
Example-work starts at 10 AM, you get paid from 10 AM but if you're not there at 9:45 you're out.
Is anyone familiar with the law in this scenario? I've been researching the California Labor Code but I don't see it addressed. Does anyone know the Code section where it's addressed?
I understand that if you're a cashier or something they may require you to be at your station at a given time but I wouldn't think that they could could dictate when you arrive at the store to be ready unless they said "punch in at 9:50 AM so you're ready at 10"; but in that case, you'd be paid from 9:50 onward.
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.
If they send you home, they have to pay you between 2 and 4 hours of pay.
Expecting you to come to work 15 minutes early and not pay you for it is wrong. Your employer should adjust your start time to 9:45 am and pay you accordingly. Is it a big company? Maybe there's a class action suit in it.
If they send you home, they have to pay you between 2 and 4 hours of pay.
Expecting you to come to work 15 minutes early and not pay you for it is wrong. Your employer should adjust your start time to 9:45 am and pay you accordingly. Is it a big company? Maybe there's a class action suit in it.
I already the read "Reporting Time Pay" section but Thank You for your effort
The send home is another issue but first I want to address the whole 15 minute thing because nearly everybody does shows up early everyday so that's kind of the larger issue in my mind. The real question in my mind is: Can they require a start time and not start paying you until 15 minutes later and where is the code? Yes, a large company with at least 75 employees.
Contact the State agency responsible for labor issues and discuss it with them. Usualy there is a bit more than just reporting to work 15 minutes early that goes into a determination. They will need the details of the work, assignment, free or not free to leave, etc to come to a decission if you are owed pay for those 15 minutes each day. If they determine you are owed the wages, usually they will pursue it with the employer.
A number of call center unpaid overtime class action lawsuits are currently pending in the United States District Court, and several wage and hour class action lawsuits have been filed against California call centers, claiming that call center employees are not paid for the time spent logging into their computer systems and all required programs before and after their shift.
The California class action lawsuits allege that, if you are required and/or permitted to come into work early so you can be completely logged into your computer and the necessary programs before the official start of your shift, then you should be paid overtime pay for that pre-shift work time. As well you should also be paid overtime pay if you have to stay after your scheduled shift to log out of your system. These class action lawsuits typically cover call center employees in the last four years and currently.
That's real good thanks! Honestly, I just want them to stop the policy. What I was hoping for was something clear in the code that I could show them. I'm still looking!
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I haven't found the actual law but I found this ...
