On the heels of another favorable appellate decision earlier this year, a recent Court of Appeal decision has held that employees are not entitled to reporting time pay when attending a scheduled staff meeting lasting less than two hours. Or Start a Free Trial Now for 15 days. Under California law, workers have a right to reporting time pay. 5.         Or as in Tilly’s, by telephoning the store two hours prior to the start of a shift. In the situation described, since less than two hours of work was provided on the second reporting (i.e., the one hour training session) one hours' pay is due as the reporting time pay penalty. California law requires an employer to pay “reporting time pay” under the applicable Wage Order. Also, the reporting time pay provisions do not apply to employees on paid standby status or when an employee has a regularly scheduled shift of less than 2 hours, such as a relief cashier who works only during a 1-hour period in the middle of the day. The law requires the employer to pay the worker for the time he worked and the rest of the hours will be paid under reporting wage rate. The concept of “reporting time pay” was created to ensure employers do not take advantage of workers by scheduling workers to report to work and then sending them home without being put to work. 4.  Exceptions to the reporting time requirements. 8 hours regular rate. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties. Under the law, an employee who reports to work on time and is later sent home because of lack of work, having worked less than half of his or her regularly scheduled shift, is entitled to 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. Sign In Below. 4.         Setting out on a trucking route; Code Regs. Reporting Time Pay - Generally, if an employee reports for their regularly scheduled shift but is required to work fewer hours or is sent home, the employee must be compensated for at least two hours, or no more than four hours, of reporting time pay. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. Reporting time pay is not owed if an employee asks to leave early, such as when he or she goes home sick. Or Start a Free Trial Now for 15 days. When the interruption of work is caused by an Act of God or other cause not within the employer's control, for example, an earthquake. Already a Member? The requirement to pay reporting time is set forth in Section 5 of all but one of the 17 Wage Orders, and it guarantees workers that they will be paid for at least half of their scheduled shift in the event they are sent home early. Tilly’s Inc., the California Second District Court of Appeal addressed the question of whether California’s reporting time pay rule only applies to situations where the on-call employee must physically report to the job site. In a case of first impression, the California Court of Appeal has clarified the scope of an employer’s obligation to pay reporting time and split shift premiums under the California Industrial Welfare Commission’s Wage Order No. There is a requirement in the California Wage Orders referred to as “reporting time pay” — employers must pay employees a minimum of half their regularly scheduled hours of work, but in no case less than two hours. Employers are not required to pay reporting time pay if the employee voluntarily leaves work early.  For example, if the employee becomes sick or must attend to personal issues outside of work and leaves early, then the employer is not obligated to pay reporting time pay. 17 For minor employees who report to work, Oregon requires that the employer provide “reasonable compensation” to the minor who is not provided with at least half the scheduled shift. Sign In Below. Once an employer determines that a reporting time pay law exists, the following must be considered: 1. Reporting time pay for hours in excess of the actual hours worked is not counted as hours worked for purposes of determining overtime. If the employee has worked more than half the scheduled shift, then the employee is simply paid for whatever hours have been worked. You must pay reporting time pay in a number of circumstances. Thus, in the example given above, the employee would be due 2 hours of pay for the 2 hour meeting. In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding. Preview This premium content is for our members. California law requires an employer to pay “reporting time pay” under the applicable Wage Order. The Wage Orders provide that employers are not required to pay overtime pay during the following circumstances: 5.  What if the employee voluntarily leaves early? In fact, Oregon’s Reporting Time Pay only applies to minors under age 18. Initial action taken regarding the claim can be referral to a conference or hearing, or dismissal of the claim. The amount of pay owed is half the usual or scheduled day’s work, but in no event for less than two hours or more … Yes, you are entitled to one hour of reporting time pay. Under California law, the state’s labor regulations state that employees are entitled to “reporting time pay” when they are “required to report for work and [do] report” but are not actually “put to work,” or they only work for less than half of what is their normal working day. On the heels of another favorable appellate decision earlier this year, a recent Court of Appeal decision has held that employees are not entitled to reporting time pay when attending a scheduled staff meeting lasting less than two hours. The law requires the employer to pay the worker for the time he worked and the rest of the hours will be paid under reporting wage rate. IWC Orders govern everything from uniforms, to alternate workweek schedules, to reporting time pay. The time spent at the required training is compensable as hours worked as you were subject to the control of your employer. 4th 1094).  Thus, failure to pay all reporting time pay due at the time of employment termination may be the basis for waiting time penalties pursuant to Labor Code § 203.  The IWC’s purpose in adopting reporting time pay requirements was two-fold:  “to compensate employees” and “encourag[e] proper notice and scheduling”.  Id. Since you had already worked eight hours in the workday prior to attending the training, the one-hour spent at the training is the ninth hour worked in the workday and subject to the overtime premium. California, however, does impose reporting time pay requirements when employees are not permitted to work their full shift. For immediate access, join online or by phone at (800) 649-4921. 2.         Presenting themselves for work by logging on to a computer remotely; "Reporting time pay” is a form of wages that compensate employees who are scheduled to report to work but who are not put to work or furnished with less than half of their usual or scheduled day’s work because of inadequate scheduling or lack of proper notice by the employer. Reporting time pay is one of the provisions of California wage and hour law that is often overlooked by employers. In fact, Oregon’s Reporting Time Pay only applies to minors under age 18. The question then arises as to whether or not the on call employee is entitled to pay, and if so what are the "hours worked"—the entire period of time the employee is on call, or just the time spent addressing the emergency. The Industrial Welfare Commission Orders require employers to pay their nonexempt employees for regularly scheduled, but un-worked time because of the lack of proper notification or inadequate scheduling by the employer. Consequently, you may either try to collect the judgment yourself or you can assign it to DLSE. California is one of a handful of states requiring employers to pay a certain minimum to employees as reporting time, or “show up,” pay. The provisions of the law regarding reporting time pay are as follows: Yes, there are a number of instances whereby an employee reports to work as scheduled and is sent home immediately, or works less than half his or her usual or scheduled day's work and is not entitled to reporting time pay. After your claim is completed and filed with a local office of the Division of Labor Standards Enforcement (DLSE), it will be assigned to a Deputy Labor Commissioner who will determine, based upon the circumstances of the claim and information presented, how best to proceed. The jurisdictions that do have reporting time pay laws are: California, Connecticut, the District of Columbia, Massachusetts, New Hampshire, New Jersey, New York, Oregon (minors only), and Rhode Island. If an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay. The evidence and testimony presented at the Labor Commissioner's hearing will not be the basis for the court's decision. Since you did not work more than eight hours in the workday, no overtime is due. Those reporting time pay requirements vary depending on how long the shift was to have been, and how soon into … Is Reporting Time Pay Always Required? Things you need to know about Reporting time pay in California. For immediate access, join online or by phone at (800) 649-4921. These laws require employers to pay nonexempt employees a minimum amount whenever they report to work as required or requested, even if no work is performed. Your employer is required to pay you two hours of reporting time pay. 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, he or she 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. IWC Orders govern everything from uniforms, to alternate workweek schedules, to reporting time pay. In addition to the one-hour of reporting time pay, you are also entitled to one hour of overtime pay. The reporting time payment is equal to half of the scheduled or regular shift, no less than two hours and no more than four. 3 hours regular rate. 8, § 11070). Reporting time pay is owed only when an employer ends the shift before it is halfway completed. Reporting time pay would only be due if the meeting lasted less than 1 hour. (Elevator, Ride & Tramway, Pressure Vessel), Permits, Registrations, Certifications, & Licenses, Worker Safety & Health in Wildfire Regions, Electronic Adjudication Management System, Commission on Health and Safety and Workers' Compensation (CHSWC), Policies and Procedures of Wage Claim Processing, file a discrimination/retaliation complaint, Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. On November 29, 2017, a California Superior Court judge ruled that employers that require employees to set aside time for a shift and have them call in to determine if they will indeed be working are required to pay employees “reporting time pay,” even if the employee never actually steps foot inside the business for a shift. No. Code Regs. Since you worked only one hour, which is less than half your scheduled day's work, your employer is required to pay you for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours. 8, § 11070) (emphasis added). On November 29, 2017, a California Superior Court judge ruled that employers that require employees to set aside time for a shift and have them call in to determine if they will indeed be working are required to pay employees “reporting time pay,” even if the employee never actually steps foot inside the business for a shift. Generally, if an employee reports for their regularly scheduled shift but is required to work fewer hours or is sent home, the employee must be compensated for at least two hours, or no more than four hours, of reporting time pay. Reporting time pay is not compensation for services rendered or labor performed and thus, is not used in determining if overtime is due. This means that regardless of whether a worker is sent home early from their scheduled shift, or if they are asked to show up to work for a short period of time than scheduled, they should still get paid a fair amount of wages for reporting to work. A California appellate court, however, ruled in the case of Aleman v. Performing at a level that the employer feels is unacceptable does not fall within any of the exceptions to the employer's obligation to pay reporting time pay. 1111-1112.   In Ward v. Tilly’s, Inc. (2019) 31 Cal.App.5th 1167, the court held physical reporting was not required in order to come within the reporting time pay provision.  Types of situations that trigger reporting time pay include: 1.         Physically appearing at the workplace at the shift’s start; Employers must remember, when an employee is scheduled to work, the minimum two-hour pay requirement applies only if the employee is furnished work for less than half the scheduled time. The latest litigation trends, court decisions, & issues on California Employment Law. California’s Reporting Time Requirements. However, if the employer schedules the employee to come into work for two hours or less, and the employee works at least one half of the scheduled shift, the employer is only required to pay for the actual time worked and no reporting time is owed.  See my prior post on Aleman v. AirTouch for a more detailed discussion. 1 hour of overtime for the ninth hour actually worked in the workday. Wage Order 7-2001 (Cal. In the case of Aleman v.AirTouch Cellular (PDF), decided on December 21, the employee claimed … Reporting time pay is designed to discourage you from requiring employees to report to a job unless there is work to be done. According to a recently-published California Court of Appeal decision, employees who are required to use such a call-in procedure may be entitled to "reporting time pay" if they are told not to come to work that day—even if the employees do not physically report to work. See Price v. Starbucks. What is reporting time pay? California’s Reporting Time Requirements. Reporting Time Pay Requirement California employers must generally pay "reporting time" when 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." Things you need to know about Reporting time pay in California. Under California law, workers have a right to reporting time pay. This includes using drivers to deliver products and outside agencies to perform cleaning and other services necessary to maintain operations during the pandemic. This judgment has the same force and effect as any other money judgment entered by the court. A second case addressed this issue directly, Aleman v. Airtouch Cellular. California allows some exceptions to the reporting time rule. For example, reporting time doesn't apply if there are safety threats to employees, if public utilities fail or if a natural disaster occurs. No, one of the exceptions to the reporting time pay requirement is if the workday is interrupted due to a threat to employees or property. In California the concept of “reporting time pay” was created to ensure employers aren’t taking advantage of workers by over scheduling a shift then sending them home if not needed. This provision of the law applies even though you were called back to work later that same day and worked a full shift. Exceptions to the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) are as follows: The reporting time pay provisions do not apply to employees on paid standby status or when an employee has a regularly scheduled shift of less than two hours, such as a relief cashier who works only during a one-hour period in the middle of the day. In Ward v. Tilly’s, Inc. (Cal. A second case addressed this issue directly, Aleman v. Airtouch Cellular. On March 19, 2020, the United States Court of Appeals for the 9th Circuit in Herrera v.Zumiez, Inc. sided with the California Court of Appeal in Ward v. Tilly’s Inc., 243 Cal. Under the law, if an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay. CV 14-6412-GW) 2014 WL 12644922, at * 5 (C.D. The purpose of this article is to cover the Reporting Time Pay Law and provide an overview of how employers should maintain compliance. Reporting time pay is in the nature of a penalty against the employer for having you report to work expecting to work a certain number of hours, and depriving you of fulfilling that expectation because of inadequate scheduling or lack of proper notice. Reporting Time Pay laws are notoriously tricky for employers. A California appellate court, however, ruled in the case of Aleman v. The decision, made in the case of Ward v. Tilly’s, Inc., effectively amends the reporting time rule contained within Wage Order No. No reporting time pay is due for the second time you reported to work because you were furnished with more than two hours of work. The Reporting Time Pay law requires that California employers pay employees at least half of all scheduled shifts, even when canceled. Reporting time pay in California is intended to ensure that employees are paid for a mandated minimum number of hours if they are not allowed to work their full shift. Reporting time pay is designed to discourage you from requiring employees to report to a job unless there is work to be done. Only the one-hour actually worked, however, counts as actual hours worked. When the employer's operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue. On February 4, 2019, the California Court of Appeal, Second District issued a 2-1 decision in Ward v.Tilly’s, Inc. in which it held employees must be given “reporting time pay” under Wage Order No. On February 4, 2019, the California Court of Appeal, Second District issued a 2-1 decision in Ward v.Tilly’s, Inc. in which it held employees must be given “reporting time pay” under Wage Order No. at pp. Preview This premium content is for our members. In addition, if an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing. This solution impacts wage and hour laws in several ways: 1. Reporting time pay for hours in excess of the actual hours worked is not counted as hours worked for purposes of determining overtime. This means that regardless of whether a worker is sent home early from their scheduled shift, or if they are asked to show up to work for a short period of time than scheduled, they should still get paid a fair amount of wages for reporting to work. California employers cannot forget about detailed employment provisions such as reporting time pay.  This Friday’s Five provide a list of five things California employers should understand about reporting time pay: California law requires an employer to pay “reporting time pay” under the applicable Wage Order.  This requires that when 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 cannot not be less than the minimum wage. Many companies are retooling to deliver their products or services to customers while still complying with government shutdown orders. Once an employer determines that a reporting time pay law exists, the following must be considered: 1. Employers don't have to pay for reporting time in a disaster or emergency scenario. Traditionally, reporting time pay was required when an employee physically showed up to work and was sent home or given fewer than half the scheduled hours. The following summarizes your total pay due for the day: If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. Attending a required meeting is counted as, 1 hour of reporting time pay (regular rate)* =, 1 hour of overtime at time and one-half =. However, the California Department of Industrial Relations also publishes wage orders (referred to as “Industrial Welfare Commission orders“) that offer protections for California employees. Your employer is required to pay you two hours of reporting time pay. 7(A) which […] Rptr 3d 461 (Ct. App. There is a requirement in the California Wage Orders referred to as “reporting time pay” — employers must pay employees a minimum of half their regularly scheduled hours of work, but in no case less than two hours. Reporting Time Pay. Generally, California employers must pay “reporting time” pay when “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.” See, e.g., Wage Order 7-2001 (Cal. In the case, the court ruled that employees who reported to work for regularly scheduled short meetings were not entitled to additional reporting time pay. Example: California's reporting-time pay law requires employers to compensate employees for half of their scheduled hours, up to a maximum of four hours. Because you left work on your own volition to attend to a personal matter, you are not entitled to any reporting time pay. At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. In Ward v. Tilly’s, Inc. (Cal. Either party may appeal the ODA to a civil court of competent jurisdiction. The California reporting time provisions are part … When the Order, Decision, or Award (ODA) is in the employee's favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer. In California, industry-specific Industrial Welfare Commission (IWC) Orders supplement other wage and hour requirements found in the California Labor Code. For employees required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay. Ct. App. It applies when an employee reports for work, but then either is not put to work at all or for less than half of the scheduled or usual hours of work. 2019), review denied (May 15, 2019), holding as much. Show up pay covers two types of situations: employees who show up for a scheduled shift but are not permitted to work any time 2.  Time paid as reporting time pay does not trigger overtime pay. Tit. What ‘Reporting to Work’ Means Now Traditionally, reporting time pay was required when an employee physically showed up to work and was sent home or given fewer than half the scheduled hours. Reporting time pay would only be due if the meeting lasted less than 1 hour. Reporting time pay constitutes "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." Some employees will call workers but the work can end up being assigned less than the normal work day work, in such a case, the employee will be paid for reporting to work. Reporting time pay constitutes wages.  (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal. Joint Employment - California Labor Code section 2810.3 makes companies that use workers supplied by other companies, like gig economy companies and staf… A California court ruled favorably for employers in a case concerning two technical wage and hour rules that can cause confusion: reporting time pay and split shift pay. Reporting time pay obligations. Employers in California, and their payroll and HR staff, are required to monitor these situations and ensure that any affected workers are paid correctly and accordingly. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you told him he owed you reporting time pay, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can, When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue; or, When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or. Since you worked only one hour, which is less than half your scheduled day's work, your employer is required to pay you for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours. The concept of “reporting time pay” was created to ensure employers do not take advantage of workers by scheduling workers to report to work and then sending them home without being put to work. Is Reporting Time Pay Always Required? For this workday, your total compensation is 11 hours of compensation at your regular rate of pay, and one hour of overtime pay, calculated as follows: Yes, you are entitled to one hour of reporting time pay in addition to the three hours of wages you earned for the work you performed before being sent home. California minimum wage laws require employers to pay non-exempt employees reporting or show up pay, unless an exception applies. No, you were paid correctly. California allows some exceptions to the reporting time rule. Reporting Time Pay By Corey Hanrahan Employers may know about the California Labor Code, which grants employees certain protections from unlawful treatment by employers. When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system. In this situation your employer did not deprive you of the opportunity to work your full schedule, it was your choice not to so and thus, no reporting time penalty is due. In California, industry-specific Industrial Welfare Commission (IWC) Orders supplement other wage and hour requirements found in the California Labor Code. One hour worked the first time you reported to work plus the first seven hours worked the second time you reported to work later in the same workday. In response, Tilly's argued that the phrase "report for work" requires an employee's physical presence at the workplace at the start of a scheduled shift. Thus, in the example given above, the employee would be due 2 hours of pay for the 2 hour meeting. Yes, you are entitled to three hours of reporting time pay. Tit. The employee is entitled to an additional 2-4 hours pay for the second shift, even if she works only a few minutes. This pay represents the reporting time penalty for the first time you reported to work but were provided with less than half your regularly scheduled shift. states do not have reporting time pay laws. states do not have reporting time pay laws. Oftentimes, California employees are asked to be "on call" and in turn to respond to calls or emergencies after hours and on weekends. Ct. App. 3.         Appearing at a client’s job site; There has been significant litigation over reporting time pay that is owed when employees are called in for meetings.  If an employee is called in on a day in which he is not scheduled, the employee is entitled to at least two hours of pay, and potentially up to four hours if the employee normally works 8 hours or more per day. What is reporting time pay? The jurisdictions that do have reporting time pay laws are: California, Connecticut, the District of Columbia, Massachusetts, New Hampshire, New Jersey, New York, Oregon (minors only), and Rhode Island. 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