Legal Question in Employment Law in California
lay off pay
should I get paid for the day I got laid off if I showed up
3 Answers from Attorneys
Re: lay off pay
You are only entitled to be paid for the time that you actually worked. While paying you for the day might the the right thing to do, the employer is no legally required to do so.
Re: lay off pay
Yes, for at least a portion of your day and/or shift. I would contact your employer and make a written request for payment. Should they fail to pay you, then contact the California Labor Commissioner.
Best of Luck, Beth Mora
Re: lay off pay
I agree with Ms. Mora and disagree with Mr. Starrett. This is a concept known as "reporting pay", which means that if an employee reports to work as scheduled, but not put to work, he must be paid no less than 2 hours pay, at his regular rate of pay.
This, in itself, may not amount to much, but a wilful failure to pay all wages due at the time of termination, could subject the employer to waiting time penalties, equivalent to a day's pay for every day it is late, up to a maximum of 30 days.
You should first, contact the employer directly and insist that pay you what is owed. If they refuse, and you want to make an issue of it, file a claim with the California Labor Commissioner.