Should I be paid from the time that I reported to work if my manager was late?
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Should I be paid from the time that I reported to work if my manager was late?
The opening manager was 30 minutes late. I was there on time at my normal schedule of 7:00 am to 3:30 pm. She showed up at 7:30 am. She said that I have to clock in at 7:30 and either stay to make up the time or I can leave at my regular time and use my paid time off. Can she legally do this or should I be paid from the time I got there?
Asked on September 19, 2019 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Legally, you are required to be paid from the time that you report for your scheduled shift so long as you are ready and able to perform the duties of your job. The fact that you cannot do so due to other factors such as your manager being late is of no consequence; you must be paid for such time. Further, you cannot be made to use your PTO in regards to this matter.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Undet the law, you have to be paid from when you report to work, even if work cannot actually begin for some reason, such as a manager being late. All that matters legally is that you were at work when you were supposed to be; that a manager was not there is irrelevant. They have to pay you, not make you use PTO.
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