California Court of Appeal Construes Wage Order Split Shift and Reporting Time Pay Provisions in a Pro-Employer Way

Sheppard Mullin Richter & Hampton LLP
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On December 21, 2011, a California Court of Appeal held in Aleman v. Airtouch Cellular that employees were not entitled to additional "reporting time" pay when they came into work for scheduled meetings. Additionally, when the employees worked split shifts, they were entitled only to the difference between what they actually earned for the day, and what they would have earned had they been paid the minimum wage for the day plus an extra hour. This ruling is the first published California appellate court opinion to address these issues.

Daniel Krofta and Mary Katz were customer service representatives for Airtouch Cellular. These employees claimed that when they came into work specifically for a scheduled meeting that lasted less than four hours, they were entitled to a minimum of four hours of "reporting time pay." They also claimed that on days where they worked two separate shifts, they were entitled to a split-shift premium of one hour at the minimum wage, above and beyond their hourly pay. The trial court rejected both of these claims as matter of law, and the employees appealed.

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