Legal Question in Employment Law in California

Part-timer pay for being sent home early
I am a computer programmer for a software company that has many clients. I work parttime (10 hours/week - two 5 hour days) solely at one client's site. 99.9% of my work is billable to the client but I am considered an hourly employee to my company. I am scheduled to work on T/Th only. I came to work on Tues and was sent home after 1 1/2 hours because the computer was down. There was no other work for me to do at the client's site (or at the main office since all my work is on-site). I was unable to make up the time on Wed or Fri due to personal reasons (and it is not my scheduled day). I was able to bill 1 1/2 hours to the client and was paid for it but I'd like to know if my employer is required to pay me the remaining 3 1/5 hours pay?

Asked on 7/17/00, 5:05 pm

Thomas Pavone Pavone & Cohen

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Re: Part-timer pay for being sent home early

If the employee reports to work and there is no work, the employee must be paid for

at least half of the hours he/she was scheduled to work. In no event is this amount to

be less than two or more than four hours. For example, if the employee was scheduled

to work eight (or more) hours, he/she receives four hours pay. If the employee was

scheduled for four hours or fewer of work, he/she must be paid for two hours.

This does not apply when public utilities fail, such as water, gas, electricity or sewer.

or when work is interrupted by an act of God or other causes not within the employer's

control. A computer failure is not an act of God or cause beyond the employer's control. You are entitled to 2.5 hours pay.

Answered on 9/09/00, 1:28 am

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