Am I Entitled To Pay For The Time It Takes To Report To Work?
A local restaurant had a policy of overstaffing for certain shifts. If business was slow, half of the servers would be cut and sent home without any pay for that shift. Over time, the servers began to wonder if their employer’s actions were legal.As an employee in California, you may be entitled to partial pay for reporting to work and getting cut early. Lack of proper scheduling for shifts and failure to pay reporting time pay is a violation of your rights.
Reporting Time Pay For California Employees
Our San Francisco law firm, Righetti · Glugoski, P.C., has decades of experience representing workers in wage and hour claims and class actions in California state and federal courts. As experienced lawyers, we have in-depth knowledge of the law on an employer’s obligation to pay you for reporting to work, even if you are sent home.
In California, reporting time pay is calculated based on a number of factors. If an employee shows up to work, but is only needed for some/part of the shift, he or she is entitled to a specific amount of pay. Reporting time pay in excess of 40 hours per week is not used for overtime calculations.
Get The Pay You Deserve For Your On-Call Or Stand-By Time
Some jobs require employees to be on call and available for call backs to finish or start a shift — effectively putting the employee on standby for a specific amount of time. If your job requires you to be on standby, you should know the law protects your rights, requiring your employer to reimburse you if certain conditions are met.If you think your employer is cutting corners by asking you to be on call without paying you, talking to a lawyer at Righetti • Glugoski, P.C., is the best approach. Our San Francisco law firm has a well-earned reputation for protecting the rights of workers in California state and federal courts. Since the 1990s, much of our work has involved handling wage-and-hour class actions against some of the largest employers on behalf of underpaid employees.
Just Because You’re Waiting Around Doesn’t Mean You Shouldn’t Get Paid
Employees in California may be entitled to pay for being on call, waiting around for standby call ins and for call backs to return to work shifts. However the law can be complicated, and whether or not your employer is required to reimburse you depends on your individual situation. Courts often look to the requirements your employer puts on you while you’re waiting.
For example, employers may be required to pay for your time if they:
- Require you to be on the job site, at the office or within a few miles radius while you’re waiting
- Require you to respond within a certain time limit
- Make it challenging for you to trade your on-call responsibilities with another employee
- Restrict your personal activities while you’re waiting
- Control your travel to and from work, including requiring you to meet at a certain place and use the employer’s designated transportation
Contact Righetti · Glugoski, P.C., For A Free Consultation
There are specific situations where reporting time pay is required, but employers frequently fail to pay employees the reporting time they are owed. If this is the case, you may be able to file a claim against your employer with help from the attorneys at Righetti · Glugoski, P.C.
Please contact our firm and have an immediate, complimentary and confidential consultation with one of our skilled attorneys to discuss a potential wage and hour claim. Call 415-983-0900 or 800-447-5549 to get started.