Reporting Time Pay
Under California law, reporting time pay is triggered when employees report for a scheduled shift and are immediately dismissed or put to work for less than half their usual or scheduled day’s work. The law requires that for each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half the 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 shall not be less than the minimum wage. Employers must be mindful of this requirement in the event they are struggling to stay open and schedule employees to work in the hopes that they will be kept busy during a shift but are cutting shifts short. Additionally, employers who notify employees of layoffs after employees report for a scheduled shift, must also comply with this requirement.
Non-exempt Employees Working Remotely
Employers allowing hourly employees to work from home or otherwise remotely during the COVID-19 crisis should take care in assigning schedules based on business needs and consider limiting work time to not more than eight (8) hours in a day and not more than 40 hours in the week, authorizing employees to exceed these amounts only if authorized in advance in writing. Employees must track all time worked and report such time daily. Clearly inform non-exempt employees that if they are performing ANY
work, including responding to calls or emails about work duties, that time must be recorded and reported. No off the clock work is permitted. Remote workers should be informed of the employer’s expectations in writing, including that employees are expected to take all applicable breaks and to record meal breaks. Employers may want to consider company-issued electronic devices for remote workers to use in performing work duties to avoid expense reimbursement issues.