Reporting Time Pay laws are notoriously tricky for employers. These laws require employers to pay nonexempt employees a minimum amount whenever they report to work as required or requested, even if no work is performed. While there is no federal requirement on this matter, at least eight states (and the District of Columbia) have issued provisions related to compensating employees for showing up to work.
Here are the specifics of each state’s Reporting Time Pay Law:
|California||Employee to be paid for half of the scheduled shift at the regular rate, but not less than two nor more than four hours. Time the employee worked can be included in this total.
Reporting time pay for hours in excess of the actual hours worked is not counted as hours worked for purposes of determining overtime.
For employees 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.
Provisions may vary by industry.
|Connecticut||Referred to as ‘minimum daily earnings,’ provision only applies to four industries.
Can be waived if regularly scheduled shift is less than four hours.
A call to Connecticut’s Wage and Workplace Standards Division confirmed that the minimum daily wage is four hours for beauty shops and laundry operations (these posters are not on the state’s DOL website)
|District of Columbia||Employee to be paid at least four hours for each day on which the employee reports for work under general or specific instructions but is given no work or is given less than four hours of work.
If the employee is regularly scheduled for less than four hours a day, employee shall be paid for the hours regularly scheduled.
The minimum daily wage shall be calculated as payment at the employee’s regular rate for the hours worked, plus payment at the minimum wage for the hours not worked.
|Massachusetts||Known as the “three-hour rule,” for scheduled shifts of three hours or more, employee is to be paid at least three hours at no less than minimum wage.
For any actual time worked, the employee must be paid his/her actual wage.
Provision does not apply to non-profits.
|New Hampshire||Employee to be paid for two hours at regular rate of pay.
Does not apply to employers of counties or municipalities.
|New Jersey||Employee to be paid for minimum of one hour at regular rate, unless employer has already made available to the employee the agreed upon minimum number of hours of work.|
|New York||Referred to as “call-in pay,” employee shall be paid at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.|
|Oregon||Employee, if under the age of 18, to be paid for half of scheduled shift, or one hour at regular rate (whichever is more).
This is known as “show-up-pay” or “adequate work.”
|Rhode Island||Referred to as “wages for failure to furnish shift work.”
Employee to be paid a minimum of three hours at regular rate, even if the scheduled shift is less than three hours.
Our next post will show how these laws can be handled using Time and Attendance Software.
For more information on the software and services offered by Datamatics, visitDatamaticsInc.com
Mike Starosciak is the editor of Employer Academy. He can be contacted firstname.lastname@example.org.