Hayward, CA asked in Employment Law for California

Q: My boss isn't here to report for my shift and he wants me to wait two hours in parking lot what should I do

There no one here to meet me or let me in to start working but I'm expected to wait two hours

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3 Lawyer Answers

A: Wait for him. You should be paid for the time you are waiting.

Good luck to you.

Brad S Kane agrees with this answer

A: You should wait for your boss as requested. If you refuse that request, you can be terminated for insubordination. The good news is you should get paid at your regular rate for the time spent waiting.

A: "Waiting time is working time." You are entitled to be paid, and if it becomes overtime, at the OT rate. I would expect the employer to balk at paying you. Keep track of your hours on a wall calendar on a daily basis, ONLY use the calendar to record your work times, arrival, lunch, return and departure. Also record if you are denied one or more net 10 minute rest periods during each 4 hour period. I would expect this employer to be cheating you on your wages and your hours. But if you want to bring a claim you will have to have some kind of written record or the only written records will be the employer's and they will not be in your favor.

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