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Work Availability - x

Posted: Sep 06, 2013

I am in California but as I understood the law, if they REQUIRE you to return to work and they still cannot provide work, they are REQUIRED to pay you work availability again. Isn't that true? Also I have only seen any of this in emails. Why hasn't the policy officially been changed yet. Working on researching a complaint with the labor board. This is BS.

Found it - OP. SM

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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 policy has been updated - under HR department. - another question though

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They do, finally, include the states and number of hours to be paid when there is NJA, but it is unclear to me whether the requirement (basically) of make-up can negate the requirement of having to pay the minimum hours or whether us Californians only have to make up the time beyond the 4 hour pay requirement. Although, chosing make up time not sitting out the rest of the day would probably save the up to 4-hour pay requirement. They have left some loopholes that they probably did not even think about.

California NJA pay, and make up time same day - wonder

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Regarding make up time during the same day of NJA, it looks like, in California, if you met NJA requirements (6 minutes NJA), and you then made up time the same day, you could be entitled to both NJA pay for the time prior to making up time and for the entire make up time + NJA pay.

"Q. Today I reported to work at my scheduled start time and after working one hour of my regular eight-hour shift my employer sent me home because of lack of work. A few hours later my employer called and said that things had picked up and told me to report to work again that same day, which I did. I then worked an 8-hour shift. Am I entitled to any additional pay?

A. Yes, you are entitled to three hours of reporting time pay. 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. This provision of the law applies even though you were called back to work later that same day and worked a full shift. 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:
8 hours regular rate. 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.

3 hours regular rate. 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. 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.

1 hour of overtime for the ninth hour actually worked in the workday."

How I see it - SM

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So say you show up for your shift and get nja for 6 minutes. You then fill out a ticket and can claim 4 hours WA. Now you are required to then make up your remaining 4 hours. You get on later in the day and surprise, surprise nja again. The way I read it, they now owe you another 2 hours WA. This has happened to me multiple times but I had not been required to come back. It was a choice as I could be released from work without pay, so I wasn't OWED anything more. Not the case now.

You are only allowed to file NJA in Remedy once. - according to policy nm

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nm

I say state law trumps policy and I will file a complaint. - NM

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X

That is certainly true - State trumps policy! - nm

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nm

absolutely correct - nm

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RE Cali NJA pay - NM

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The loop hole here though is that you are already home - you weren't "sent" home and you didn't actually have to "drive" to go back to work...

I have vBulletin to return to my desk. That doesn't matter. - sm

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I msy leave my home and have to return home. I may have to rearrange my schedule. The point is reporting for work, not the drive.

So that is why I never hear from my TCM when I don't make up my time - ppe

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I am not going to anyway but I never hear about making up time and now I see why..I live in the state of CA!!!

The work availability as well as most other labor - Kiki

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related issues are highly Employee friendly, more in favor of the employer. I am surprised they actually have ANY California employees because of this.

Several employers have "do not apply if you live in California" clause in their ads. - nm

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nm

Exactly. And obviously I meant "employEE friendly" not employer friendly... - Kiki

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x

I'm sure our days are limited as are everyone's probably. - nm

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X

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