Show-Up Pay or Reporting Pay
Show-up pay is a form of premium pay, which is also referred
to as reporting pay, reporting time pay or report-in pay.
All terms mean a minimum specified amount in wages that employers owe to
eligible employees for reporting to work on time as scheduled, when it
turns out that there is little to no work available.
The purpose of show-up pay is to discourage employers from frivolously
calling in workers for only partial workdays, when the workers might get
more work hours elsewhere; but, not all
employers must pay it.
That's because there is no Federal "show-up pay law" or "reporting
pay law" per se, that requires employers to pay it. The Fair
Labor Standards Act (FLSA) is the "main pay law" so to speak,
because it regulates the minimum wage and overtime
pay at the Federal level; but, it does not require employers to provide
employee show-up pay.
The FLSA requires employers to pay employees for the
hours they actually worked, not for the hours they only intended to work.
However, if employers require employees to stay on-site to wait for work,
then, under the FLSA, employers might owe employees for their wait-time
hours.
When provided, show-up pay is typically a matter of contractual
agreement between employers and employees or employers and unions,
which the FLSA allows. For example, a collective
bargaining agreement might contractually require an employer to provide
reporting pay to union-protected employees who normally work eight hours
per day, when the employees end up working fewer than four hours due
to lack of work.
In the absence of such an agreement, a state
wage and hour law or a related rule, regulation or order might
require employers to provide show-up pay; for example, at this writing
and under certain circumstances:
For information about show-up pay legislation in
your work state (if the legislation exists), browse the Web site of the
relevant state labor department. Look
for "wage and hour" topics or related matters. Alternately or
additionally, browse the relevant state
labor laws or consult a lawyer in your
work state.
In the absence of an agreement or state legislation that requires show-up
pay, employers might voluntarily provide it per company policy as a benefit to
attract and retain employees.
If you're entitled to receive show-up pay through one of the means above,
then FLSA regulations at least govern it as it applies to your overtime
pay. The regulations prohibit your employer from using your show-up pay
to offset your overtime pay. However, when calculating your overtime hours,
your employer may omit the "no-work" hours for which you received
show-up pay. For an example, see Show-Up
or Reporting Pay in the regulations.
If your employer refuses to issue earned show-up pay to you on the payday when
due, then the wage and hour (or equivalent) division of the state
labor department might help you to collect it. However, if you're working
under a collective bargaining agreement that requires show-up pay, then
the state labor department might refer you to your union representative.
It might be a good idea anyway to check with your union representative
about a wage and hour grievance procedure before involving the state labor
department, as you might be contractually obligated to first follow the
procedure. You might also have a stronger court or arbitration case,
if it comes to that, if you first follow your union's grievance procedure;
or your employer's, if you're not a union-protected employee.
Consult a lawyer for legal advice regarding
show-up pay, reporting pay or other wage and hour matters. So-called wage
and hour lawsuits are often class-actions that
lawyers take on a contingency basis.
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