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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38901
Experience:  Retired (mostly)
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I own a company that provides services to developmentally

Customer Question

Hi. My name is***** and I own a company that provides services to developmentally disabled adults at their homes. I get certain amount of hours through the San Andreas Regional Center for each client per month depending on their needs. I have this client who misses his appointments with his staff regularly. He has only 130 hours/month and so he stays by himself most of the time. San Andreas only pays me for the service actually given, and so all those times the client misses his appointments, I lose money. But it is not only me who loses money, the staff also loses money from the fact that the client does not show up as scheduled and so no service is rendered. And this leads me to the question at hand:
How much do I have to pay an employee who is scheduled, let's say, to work seven hours one day, the staff drives to the client's home, but the client does not show up? What if the staff only calls the client before going to his home, but the client does not answer and the employee does not go to work? Or if the client answers but tells the staff he does not want to see them that day? Do I still have to pay the staff because he was scheduled to work for seven hours? How much? Thank you.
Submitted: 11 months ago.
Category: Employment Law
Expert:  socrateaser replied 11 months ago.

Hello,

California law requires that an nonexempt hourly employee must be paid for at least one half of their regular schedule, but no less than two hours. IWC 5-2001 5.A. The workaround would be to schedule your employees for two hours, and then if the client shows up, then you can ask the employee if they want to work the additional five hours for the day. Obviously, the risk is that the employee says, "no." But, at least you won't be paying for hours not worked.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 11 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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