The times are changing. With the digital age summoning in a new kind of remote workforce, so too are the laws evolving.
On February 4th this year, the Second District California Court of Appeal ruled that a physical presence at the workplace is no longer needed by on-call employees to be made eligible for reporting time pay.
While previously required under Wage Order 7 to physically appear at a workplace to see if there’s work to be done in order to receive reporting time pay, California’s ruling could change things to reflect phone calls, computer logins, and other forms of checking in for work beyond showing up, as eligible for reporting time.
While still new in development, with other states expected to make similar adjustments, this wage ruling can change the scope of employee pay as it strays from the general rule that reporting time is only due if an employee’s on-call status limits their activities for that day. And if a simple phone call to the boss or manager counts? This extra time could add up.
“If an employer directs employees to present themselves for work by physically appearing at the workplace at the shift’s start,” the Court of Appeal explained, “then the reporting requirement is triggered by the employee’s appearance at the job site. But if the employer directs employees to present themselves for work by logging on to a computer remotely, or by appearing at a client’s job site, or by setting out on a trucking route, then the employee ‘reports for work’ by doing those things.”
If you manage Wage Order 7 employees, be sure to check with a legal authority to see what new pay responsibilities are required of you. For information on who is covered by Wage Order 7, see http://bit.ly/2JwtZQi.
