Legal Question in Employment Law in California
Im a massage therapist employee for a chiropractor. I have a set schedule but sometimes I don't have a client. Does the "reporting time" pay apply to me regardless if im part time or full time employee?
1 Answer from Attorneys
Yes, but it affects how much you get and whether you get anything. The reporting time pay is 1/2 your "regular" schedule, but not less than 2 hours pay and not more than 4 hours pay. The state Supreme Court, however, has strictly limited reporting time pay in a relatively recent decision. I forget the exact details but the gist of it was that it applied to minimum wage. So if you worked at all and were sent home early, and your wages are higher than minimum wage, as long as you earned minimum wage for the reporting time pay, you don't get any more. I believe it also ruled that if you got minimum wage x the hours of your "regular schedule" over the course of the week, you also did not get any additional pay. So it really only benefits very low paid employees. If I recall correctly, if you make double minimum wage or more, you would never get reporting time pay.