New Case Law: Aleman v. AirTouch Cellular

Attorney case law update – Aleman v. AirTouch Cellular (2012) 209 Cal.App.4th 556. Branigan Robertson is a California employment lawyer who focuses his practice on wage and hour issues, sexual harassment, retaliation, and wrongful termination. Mr. Robertson offers free consultations.

Employees working as retail sales representatives and customer service representatives brought a class action against AirTouch claiming the company did not properly pay its hourly workers for attending mandatory store meetings. Plaintiff’s claim defendant violated Wage Order 4-2011 by failing to pay employees reporting time pay when they attended meetings. However, the employer argued that the employee was not entitled to reporting time pay because the meetings were scheduled and the employee was paid for working the scheduled time.

Orange County Reporting Time Pay Disputes

The applicable wage order states that each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half of said employee’s usual or scheduled day’s work, the employer must pay the employee for half the usual or scheduled day’s work, but in no event for less than two hours nor more than four hours, at the employees regular rate of pay, which shall not be less than the minimum wage. Therefore, under this rule, when work is scheduled, reporting time is owed only when an employee is not furnished with half of his or her scheduled day’s work.

Here, the meetings were scheduled and constituted scheduled work. Because the employee worked and was paid for at least half of the scheduled shift, the employee was not entitled to additional reporting time pay. The appellate court ruled that employers are not required to pay reporting time pay when meeting times are scheduled and employees work at least half of the scheduled time.

If you are looking for an attorney to handle your reporting time issue, contact our lawyers today. Mr. Robertson is a California employment lawyer who focuses his practice on wage and hour issues, sexual harassment, retaliation, and wrongful termination. Mr. Robertson offers all callers a free consultation.

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