got sent home early-- i know i should be paid!

smilincin said:

What is the name of your state? california

I am a server. They put a lot of people on this week because they thought it would be busy. I got sent home after being at work for 45 minutes. I worked a whole hour and 10 minutes. I know the law says im supposed to be paid for an 2 hours or half my work day whichever is greater, but how do i make this happen without getting myself screwed ?

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My work manages to get away with a lot of crap because if you say something, well they just cut your hours back or otherwise make your life hell. I know its called work and all, and life is unfair, but there are laws!!! I told my boss it would have been nice had she called me and just not have me come in, and she got pissy. I'm just mad!

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smilincin said:

i care!
here is a reply from another lawyer to someone with a similar situation:

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.

Reply Posted By:
Thomas Pavone [view profile]
Pavone & Cohen
16055 Ventura Boulevard, Suite 1130
Encino, CA 91436

and if you dont know the law then why are you replying to my post? im not making it up-- it's common knowledge actually, but my point was more about how do i implement it, or can i contact the labor board and if anyone has any ADVICE about that.

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smilincin said:

sigh
can you guys just accept that perhaps this IS a law. Im not requesting people to QUESTION the law, just perhaps tell me a better way of implementing it. Maybe, if everyone is so AWARE of the law they could tell me how they know that it ISNT a law, or perhaps actually HELP me by showing me how i can look it up, or back to my first question-- HOW TO IMPLEMENT IT w/o getting in trouble at my work. If this is a legal advice site, it sure would be helpful if someone actually had some advice, cuz im not seein it! lol

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smilincin said:

thanks for all your NOT help-- dont need your (HAHAHA-what?) advice? never did get any. Anyhow, I just got off the phone with an actual HELPFUL attorney, and he did indeed quote the law. Because he actually KNOWS the law-- as opposed to the NOTHING i received here. So i got my question answered-- go back to doing nothing.

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ecmst12 said:

If you think the law has been violated, file a claim with your state department of labor.

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ecmst12 said:

Yeah, but if OP calls the DOL, he/she can get the definitive answer from them and won't be bothering us anymore

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smilincin said:

What is the name of your state? california

I am a server. They put a lot of people on this week because they thought it would be busy. I got sent home after being at work for 45 minutes. I worked a whole hour and 10 minutes. I know the law says im supposed to be paid for an 2 hours or half my work day whichever is greater, but how do i make this happen without getting myself screwed ?
My work manages to get away with a lot of crap because if you say something, well they just cut your hours back or otherwise make your life hell. I know its called work and all, and life is unfair, but there are laws!!! I told my boss it would have been nice had she called me and just not have me come in, and she got pissy. I'm just mad!

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moburkes said:

45 minutes does NOT equal 70 minutes. Let's start there.

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