By: Nicholas J. Ferraro | December 7, 2021 | Employment Law
Many employees work a standard eight to ten-hour shift. They report to work each day at the same time and leave work at the same time. However, this situation does not apply to all workers.
Some employees work odd hours. For example, they may work 8 hours today and 5 hours tomorrow. In addition, workers may be on-call, so they do not work that day if there is no work.
However, reporting to work to be told that there is no work for that day places a strain on your budget. It also means that you set up your schedule and may have given up doing other things because you thought you had to work.
Fortunately, California labor laws protect workers in California who are placed on-call or scheduled to work. Employment laws in California include a 4-hour minimum pay requirement. However, many employees do not understand the 4-hour minimum pay law provisions, so they do not know if their employers are violating their legal rights regarding wage and hour laws.
What is the California 4-Hour Minimum Shift Law?
The Reporting Time Pay law, also known as the 4-hour minimum shift rule, requires employers to compensate workers who report to work but are not allowed to work their full hours. The term “4-hour minimum shift rule” is used when discussing this labor law because most standard workdays or shifts are eight hours. Unfortunately, the term causes some confusion because workers assume employers must pay them for at least four hours if they do not work at least four hours of their shift.
According to the law, the employer must pay the employee their regular wages for at least one-half of their shift if they are not given adequate notice that they are not needed that day or are sent home early.
Because there are no minimum hours required for a full-time or part-time shift, employers are not required to schedule employees for a minimum of four hours in a workday.
If an employee’s shift is less than eight hours, they would be entitled to compensation for one-half of the shift if they are sent home early or not allowed to clock in when they arrive at work. Therefore, if the worker is scheduled for a five hour shift, the maximum compensation the employer would pay for sending the employee home early would be 2.5 hours.
The key takeaway is that employees in California must be paid for at least one-half of their shift when they are scheduled to work. The number of hours for required pay may or may not be four hours.
Are There Exceptions to the California Four-Hour Minimum Shift Rule?
As with most labor laws, there are exceptions to the Reporting Time Pay law.
Outside factors that the employer cannot control may excuse the employer from California’s Reporting Time Pay law. Examples of outside forces that could apply would be forest fires, utility outages, earthquakes, and other “Act of God” events that the employer cannot control. The outside factor must prevent the employer from operating to excuse the employer from the four-hour minimum shift rule.
It is important to note that internal factors within the employer’s control do not waive the 4-hour minimum shift rule. Likewise, an employer cannot use a worker’s alleged misconduct to avoid paying minimum shift pay.
Also, employees who leave early from work by their own decision are not entitled to reporting time pay.
What Should I Do if My Employer Denies My Minimum Shift Pay?
You may file a wage and hour claim with the Division of Labor Standards Enforcement or the Labor Commissioner’s Office. You may also file a lawsuit in civil court. However, there could be another way to handle the matter.
A San Diego employment law attorney may be able to work out the issue with your employer without filing a claim or lawsuit. If not, your lawyer has all the information necessary to file the claim.
Employers must comply with all federal, state, and local wage and hour laws. Understanding your rights as a California employee is the first step in ensuring you are treated fairly and paid all wages you earned. Whenever you have questions about employment law matters, seek legal advice to help you understand your legal options.
