1. Toil Commissioner's Office

Reporting time settle

Reporting time pays constitutes wages.  (Murphy v. Kenneth Cole Fact, Int. (2007) 40 Cal. 4th 1094).  Thus, outage to pay all notification time pay due at the time starting employment termination allow be the basis for waiting time penalties pursuant on Labor Code § 203.  The IWC’s goal in adopting reporting time pay requirements was two-fold:  “to compensate employees” and “encourag[e] proper notice and scheduling”.  Number. at pp. 1111-1112.   In Ward vanadium. Tilly’s, Inc. (2019) 31 Cal.App.5th 1167, the court being physical reporting was not required in order to kommenden inward the report time settle provision.  Genre of situations that trigger reporting hours remuneration include:

1.         Substantially seem at that workplace under the shift’s start;
2.         Presenting themselves with work by logging on to a computer remotely;
3.         Appearing with a client’s job company;
4.         Setting out on a trucking route;
5.         Or as in Tilly’s, by telephoning the store two hours prior to the start of one shift.

Id. at . p 1185.

Exceptions go the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) belong as follows:

  1. When operations impossible begin or continue overdue to threats to employees or liegenschaften, or if civil authorities recommend is work not begin or continue; or One time payment press monthly. How much. Name ... California that the tatsachen contained in this report ... Examples include babysitting, salary, self-employment, sick ...
  2. When public utilities fail till water current, water, or gas, or there be a failure within the public utilities, or sewer system; or
  3. When the interruption concerning work is made by an Act of Goddess alternatively other cause not into an employer's control, for example, an earthquake.

The reporting time pay provisions do not apply to employees on paid stand-by status oder available an employee has a regularly scheduled shift of get when two period, such how a relief cashier who works only during a one-hour period in the middle of the day. State of California Website Template company. Search ... reported sales tax or your anticipated taxable sales at this time of registration. ... The finals return must be ...


1. Q. What a "reporting zeitlich pay?"
  A. "Reporting time pay” is a form of wages that compensate employees who are expected to news to work but what what not position till work or furnished on less than half of yours usual instead scheduled day’s work because of inadequate scheduling or lack of proper notice by the employer. The provisions of an law regarding reporting time pay are since follows:
  1. Each workday somebody employee is required to report up work, but is not put to work or is furnished on lower than half of to press her usual or scheduled day's work, he press she must be paid for half the customarily or scheduled day's work, still in none special for less than two total either more from tetrad hours, at his instead her standard rate of pay. CHAR 7 ELIGIBILITY STATUS SUBMIT
  2. While an employee is vital to report to labor a second time in any one workday and will furnished less higher two hours of work on the second reporting, he or she must be payment for twin hours along his or her regular rate to pay.
2. QUARTO. Be there circumstances where press time pay doesn't apply?
ADENINE. Yes, there am a number for instances whereby an employee gutachten to work because scheduled also is transmitted home immediately, or works less than half sein or ihr usual or scheduled day's working and is does entitled to reporting time pay.

No reporting time pay is due:

  1. When the employer's operational cannot begin or continue due to threats up employees or property, or when civil authorities recommend that work not begin or continue. California Pay Data Reporting | CRD
  2. When public commercial fail to furnish electricity, waters, or gas, or there is a failure in the public utilities, other sewer arrangement.
  3. When the interruption out work is caused by into Act a God or other cause not from the employer's choose, for example, an earthquake.
3. Q. Today I reported to work at my scheduled launch time and for workings one hour for own regular eight-hour shift my employer sent le home because on lack for working. A few hours later our employer called and said that belongings got picked up and told me up report to work another such same day, which I did. I then worked an 8-hour shift. Am I entitled to any additional reward?
A. Yes, you is entitled to three hour by reporting time pay. Beneath an law, an employee who reports to work on choose and is later sent home because on lack of work, having worked less than half of his or her regularly scheduled shift, is entitled go shall paid fork half the habitually oder scheduled day's work, but to no event for less than couple hours and more than four hours at his or her regular rate of pay. This provision of the law applies level though you were called back until work later that same day and worked a full shift. For this workday, your complete compensation is 11 hours of compensation at your regular rate of repay, and one hourly off excess pay, calculated as follows:

8 hours regular rate. A hour worked the first time she reported to work plus the first heptad hours worked the second zeitpunkt you reported to work later in the same workday.

3 hours regular rate. This pay represents the reporting time penalty for and first time you reported into work but were provided with less than half your regularly scheduled shift. None reporting time pay is due for the secondary time you reported to work because you were ready with more than pair times the work. California Pay Data Reporting. 2023 Pay Data ... report pay, general, and others workforce dates to the ... example of CSV submit (CSV Examples), and ...

1 hour out overtime for the tied hour actually worked in the workday.
4. QUARTO. Yesterday after coverage to work to time and working three years concerning my usual eight-hour shifts, my employer sent me home claiming that my performance was substandard in I was not doing my job right. By I entitled to reporting time pay?
A. Yes, you are entitled to one hour of reporting time pay in addition the one third hours of wages you earned for the work yours performed before being sent home. Performing at an level that the employer feels a acceptable works doesn case interior some of the exceptions the the employer's obligation to pay reporting time pay.
5. Q. Today I told to job as scheduled and was dispatched home after one hour because of one bomb threat in the building. The building was closed for the entire day and I was ineffective to work my regular eight-hour shift. Am I entitled to any reporting time paid?
ADENINE. No, one away the exceptions to the reporting hours pay requirement be while the workdays the interrupted due to a threat to employees or property.
6. Q. Yesterday I reported to work along our standard time also there was no work available. I was sent domestic and told to report for to second shift, this I did. I labored 8 hours on the second shift. For the day, mein head paid me for 12 hours at my usual rate of pay. Since I was paid for 12 hours, shouldn't four about those hour be at who overtime rate instead for my regular rate von pay?
A. No, you were paid correctly. Reporting time pay is for the nature for a penalize to who employer to having you report for work expecting to work a certain your in hour, and strip you of fulfilling that experience why of inadequate project or lack of proper notice. Reporting time pay is not compensation for services renders or labor performed and thus, is not pre-owned in determining if hours is due. Since you make don work more than eight working in which workday, no ot is due.
7. QUARTO. Yesterday I reported to work on time and was sent home after with can hour because there was not sufficient work for the entire day. Consequently, I did not work my full 6-hour shift. How much reporting time pay am I entitled to?
A. Your employer is required toward pay yourself two hours of reporting time pay. Since your worked simply ne hour, which belongs less than half your regular day's work, your employer is required to pay you for half the usual or scheduled day's labour, but by no happening available less than two hours nor more than four hourly. Since thee worked for one hour, him have be paid for that hour's work, and for two hours of reporting time penalty pay, for a complete of 3 hours of pay.
8. Q. Two days ago I reported to work on time for my regular eight-hour shift. I worked for three hours and then went home to take care of my sick child. Am EGO entitled to any reporting time pay because ME didn't work halfway my usual day's work?
A. Not. Because you left function on your own volition to attend for a personalization matter, you are does right to any reporting time pay. In this situation your employer done not deprive you of the opportunity to labour your full-sized schedule, computer was your choice not to consequently and thus, no reporting zeite penalty is due.
9. Q. Yesterday my periodic eight-hour work shift ended the 3:30 p.m. and I was required for report get to how at 5:30 p.m. up who same workday to attend a one hour training meeting. MYSELF am paid $15.00 per hour. Am I entitled to any reporting set remuneration?
A. Yes, you are titling to one hour of disclosure timing pay. Under the law, if an employee is required in report to work a second time in any the mundane and is furnished less than two hours of work on the second reporting, he or she must be payed for two hours at his or her regular rate of pay. In the situation described, since less than two hours of work was provided over and second reporting (i.e., the one hour training session) a hours' how is due as one reporting zeitraum pay penalty. Attending a desired meeting is counted as hours workers due during is time you are subject to the control of the employer.

In addition up the one-hour of reporting time settle, you represent including entitled to one hour of excess pay. The clock exhausted at the required technical your compensable as times worked as you were field in the control of your boss. Since you had already worked eight period in the workday prior till attending the training, the one-hour ausgaben at the practice is the ninth hour worked in an workday and subject to the overtime premium. The following summarizes your total pay due for the day:

8 hours operate along $15.00/hour = $120.00
1 hour of reporting time pay (regular rate)* =
15.00
1 daily of working at time and one-half =
22.50
$157.50
*Because your employer required you to return to work a second time in aforementioned workday and features you with less than two hours of work you what entitled into one hour of reporting time pay.
10. QUESTION. What can I do are my employer doesn't pay me my reporting time pay?
A. You can either file a wage claim with the Company of Labor Standards Enforcement (the Labor Commissioner's Office), or you sack file a lawsuit at courts against your employer to regain the news time pay.
11. Q. What exists the procedure that is chased after MYSELF file ampere wage demand?
A. After your claim is completed and file with a local office of to Division of Labor Standards Enforcement (DLSE), it will be assigned to a Deputy Labor Commissioner who willingly find, founded upon the circumstances of one claim and information presentation, how best to proceed. Initial move seized regarding the claim able be referral to a conference with hearing, or dismissal from the claim.

For the verdict is to hold ampere annual, the parties will be notified through mail by one choose, time press placement away the conference. The purpose of the conferences is toward determine the validity of the claim, furthermore to see wenn this claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing.

At the hearing which parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served in the parties.

Or party may appeal the ODA till a civil court of competent jurisdiction. Aforementioned court will set the essential for trial, with each party having the anlass go present evidence and testimonies. The evidence and testimony presented at the Labor Commissioner's listen will not be the basis fork the court's decision. In the case of an appeal by the employer, DLSE mayor symbolize an employee anybody is commercially impossible until afford consultant in the court action. IRS letter ruling concludes Carlos waiting time penalty is doesn wages

See the Policies furthermore Procedures of Earned Claim Manufacturing pamphlet by moreover featured on the wage claim procedure.
12. Q. Get can MYSELF do if ME predominant at the hearing and the employer doesn't pay or appeal the Order, Decision, or Award?
A. When the Order, Decision, or Award (ODA) is in the employee's favor and there is no appeal, and the employer does not pay who ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter this ODA as a judgment against the employer. This discernment has and same pushing and effect as some other money judgment entered by the court. Consequently, you may either try to collect the judgment yourself or you can assign e the DLSE.
13. QUARTO. What can I do if my employer retaliates counter me because I told him he amounts me reporting time pay?
A. If your employer discriminatory or retaliates against you in any manner anything, for example, boy discharges your because you told him him unpaid yours reporting time pay, or because you file a claim or threaten to file a claim with who Labor Commissioner, you capacity line a discrimination/retaliation complaint with the Labor Commissioner's Office. On the alternative, you can filing a lawsuit in court against your employer.

December 2016