Monterey Park, CA asked in Employment Law and Workers' Compensation for California

Q: How far in advance do I need to inform my staff that there will be no work for the day and they do not need to come in?

I am putting together a S.O.P for our company about calling off the staff due to light work load, how far in advance do I need to let them know?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: The only law that speaks to your issue is the Reporting Time Pay law that says you have to pay part of the cancelled shift if you send an employee home once they arrive at the workplace for a scheduled shift. See here for more on that law:

Even under that law, you can send people home after they come in for their shift, it just means you have to compensate them as stated in that law.

Also note that based on relatively recent case law putting employees on a call-in, on call arrangement can implicate the Reporting Time Pay consequences.

Other than that, you can legally call an employee off of a scheduled shift at any time and without legal consequence. Creating your policy then becomes one of employer needs and any concern you may have about employee convenience - i.e., a business decision, not a legal one.

Good luck to you.

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