If I’m scheduled for 8 hours but 2 hours in the managers ask if we want to go home because it’s slow and I go, am I entitled to 4 hours pay?

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If I’m scheduled for 8 hours but 2 hours in the managers ask if we want to go home because it’s slow and I go, am I entitled to 4 hours pay?

The managers come around and ask,

Asked on July 4, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, your state's (CA) law plainly states that if you report to work and are an hourly employee, you must be paid at for at least half your scheduled shift, up to a maximum of 4 hours (if it had been an 8 hour shift; for a 6 hour shift, you'd have to be paid 3 hours, etc.). Because the law requires this, you cannot "volunteer" to not get it; employees cannot volunteer to get less than the law requires they get, which is why an employee cannot "volunteer" to work for less than minimum wage, or a non-exempt employee volunteer to not receive overtime. They must pay you for half your shift.


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