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Employees who report to work and are given less than their usual or scheduled day’s shift normally are entitled to reporting time pay equal to half of their usual or scheduled day’s shift, with a minimum of two hours and a maximum of four hours required.
A California Court of Appeal case, Price v. Starbucks, clarifies how this rule applies when an employee is called in for a meeting where she is to be terminated. According to this new decision, the amount of reporting time pay owed will depend on whether the employee was scheduled to work that day or whether she was called in for a termination meeting on a day she was not scheduled to work.
If an employee is scheduled to work on a given day and reports to work, but is terminated at the beginning (or before the mid-point) of her shift, she is owed reporting time pay equal to half of her usual or scheduled day’s pay. Thus, an employee who normally works an eight-hour day would be owed four hours of pay; an employee who normally works 7.5 hours would be owed 3.75 hours, etc. Based on the minimum and maximum requirements, if the employee was scheduled for a three-hour shift, she would get the minimum two hours pay, and if she was scheduled for a 10-hour shift she would get the maximum four hours pay.
If an employee is not scheduled to work on a given day but is asked to come in for a meeting (at which she is then terminated), the reporting time pay requirements are different than for those on a scheduled day of work. The court clarified that because the employee does not report to work with the expectation of working a scheduled shift, but rather is scheduled to attend a meeting for an unspecified number of hours, the employee is owed only two hours pay based on the minimum reporting time pay requirement. Thus, an employee who has been suspended and taken off the schedule, and is then asked to come in for a meeting rather than for a normal day’s work is owed two hours pay.
Note: If an employee does not have any set schedule, such as an employee who works on an as-needed basis, you should check with your legal counsel to see which rule to apply.