Some industries require more people on some days and less on others. People who work in these industries sometimes show up to work to find out their employer does not need them. Some industries use this on regular basis, and employees may know in advance if they have an on-call shift or a show-up shift. If they show up and their boss needs them, they clock in and work the shift. If their supervisor does not need them, they go home — without pay.
There are no rules for reporting time and show-up pay in North Carolina, which means your employer does not have to pay you for this time.
However, there may be some situations where these employees do actually engage in work-related activities without receiving compensation. If you believe your employer failed to pay you for work you completed before being sent home without clocking in, contact employment lawyer Phil Gibbons. Call our office today at 704-612-0038 and schedule a time to talk about your situation with a Charlotte employee rights lawyer.
What Is Reporting Time and Show-Up Pay?
Reporting time and show-up pay refer to a type of on-call staffing where employers put the maximum number of employers on the schedule for each shift and then send some of them home when there is no reason to have a full staff. This type of staffing is especially popular in retail and restaurants.
Currently, there are no federal or state laws that outline how the employers who use this type of scheme in North Carolina should pay employees who report but are sent home. This means most of them spend the time and effort to come into work, but receive no compensation when their employers do not need them.
For example, imagine a restaurant employee reports to work at 11 a.m. for the start of the lunch shift as scheduled. When she arrives, however, no one is eating on the patio because of rain. The restaurant has too many servers, and sends the employee and several others home. This employee never clocked in and never performed any work; therefore, she did not earn a paycheck for this day.
With this type of scheduling, employees must get ready to work and commute to their workplace without a guarantee they will work. Their employer can cancel their shift at any time, including before it ever begins. This means they receive no compensation for their efforts that day.
When Can This Type of Staffing Become Problematic?
For obvious reasons, most employees abhor this type of scheduling. They must go to work, but cannot count on earning any money from their shift. They may need to find a babysitter, transportation to work, or clear other hurdles. In some cases, they are paying out for that sitter or for gas, but do not make any money at all.
Some believe managers in retail and restaurants abuse this type of scheduling, and there is no doubt its use is widespread. It offers benefits to management with few drawbacks. They can save money by only using the staff members absolutely necessary, and not have to pay anyone else for showing up ready to work.
There is also a lot of gray area when it comes to reporting time and show-up pay. What if your boss asks you to complete a task while you are waiting to see if he needs you? You are at work and unable to leave or use your time as you choose. How is this different from on-call or waiting time?
Imagine this scenario: You report to work at 8:25 for an 8:30 shift. While you wait to hear if you will need to clock in and go to work, your supervisor asks you to empty the trash can in the break room. What do you do? Most people would simply empty the can and not give it a second thought, but they would be violating federal and state laws by working off the clock. You would need to clock in before you took the garbage to the dumpster.
If your supervisor regularly asks you to perform tasks off the clock while waiting to determine if you will work that shift, this is wage theft. He may owe you significant backpay for these incidents. We can help you recover these lost wages.
Phil Gibbons, Charlotte, NC, Employee Rights Lawyer, Can Help You Recover Unpaid Reporting Time Wages
If you need help getting unpaid reporting time wages in North Carolina, call Gibbons Law Group. An employee rights lawyer can help you understand your legal standing when it comes to show-up pay and this type of scheduling. If you have unpaid wages, we will fight aggressively to recover your losses and any other damages.
Call 704-612-0038 today to schedule a time to discuss your situation with employee rights lawyer Phil Gibbons.