Legal Question in Employment Law in California

When an employee is scheduled to work, or is called in to work and they arrive to work they are obligated to be paid for at least one half their "regular" shift, but not less than two nor more than four hours. It is somewhat tricky figuring out what is the regular shift when the scheduled shift lengths vary, but if there is no standard shift, the law calls for averaging the shift length. So if she works between three and six hours, and the shifts are about evenly distributed between those lenghts, her average shift would be 4.5 hours and she should be paid 2.25 hours every time she shows up. Even if most of her shifts are 3 hours and only a few six hour shifts, making the average shift under 4 hours, they still would have to pay her the minimum two hours.

The minimum 'show up' pay is generally two hours. She can file a suit, or file a claim with the Labor Commissioner, for the unpaid time, intereste, and non-payment penalties. If she wins, she is also entitled to her attorney fees. She will have to be able to show the hours worked, from time sheets or other docs. If serious about pursuing this, feel free to have her contact me.