If I get a schedule every 2 weeks but they change it 2-3 times a week and I show up but get sent home without pay, is that legal?

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If I get a schedule every 2 weeks but they change it 2-3 times a week and I show up but get sent home without pay, is that legal?

I’m schedule at 2pm on Friday, at 1215 I get a text telling me be there at 4pm. I get there at 4 pm and I’m told truck isn’t coming and come in at 6 am next day. Or I show up at my schedule time say 11 am but they won’t let me clock in until truck shows up hour later an I have to

stand around.

Asked on March 10, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you show up to work but are sent home, so long as you are allowed to immediately leave, then you are not entitled to be compensated. However, if you show up but have to remain at work and wait, then you should be paid for that time as an hourly wage (i.e. non-exempt) worker. This of course assumes that there is no union agreement or employment contract that provides otherwise. Also, no form of legally actionable discrimination must be the reason for your treatment.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you show up to work but are sent home, so long as you are allowed to immediately leave, then you are not entitled to be compensated. However, if you show up but have to remain at work and wait, then you should be paid for that time as an hourly wage (i.e. non-exempt) worker. This of course assumes that there is no union agreement or employment contract that provides otherwise. Also, no form of legally actionable discrimination must be the reason for your treatment.


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