Pay’s Not Automatic Just for Showing Up

Q: Are workers entitled to pay when assigned to shifts but can’t get into the building to work?

I work nights and weekends for my firm. On a recent weekend, building management would not let tenants into their offices after a construction worker caused an electrical short that shut off power. I lost a day of work as a result.

My firm has insurance covering business interruptions, but I don’t carry such insurance.

--S.K., Los Angeles

A: You do not say whether your are an exempt or a nonexempt employee. As a general rule, exempt (or salaried) employees are entitled to full salaries regardless of the number of hours they work. If an employee misses a full workday, however, an employer can deduct a full day’s pay.

Thus, you would not be entitled to receive your full salary if you were told of the shutdown before you left for work. But if the shutdown occurred after you reported for work, you would be entitled to your regular salary, without any deduction for the hours you were unable to work.

The rule is different for hourly (or nonexempt) employees. Under California law, nonexempt employees are entitled to show-up pay when they report for work on a scheduled workday but are not put to work or are not allowed to work at least half their scheduled workday. If this occurs, an employee’s show-up pay is calculated at half the scheduled workday (up to four hours), but not less than two hours’ pay.

But like salaried employees, hourly employees are not entitled to show-up pay if they learn in advance that they need not report to work on a regular workday.

In addition, reporting-time pay is not required if the employer is unable to provide work for a nonexempt employee because of causes beyond the employer’s control, such as a bomb scare or an interruption in utility service.

It appears that you were prevented from working because of circumstances beyond your employer’s control--the landlord’s decision to shut down your office building because of a power failure caused by a construction worker’s mistake. If you are nonexempt, you would not be entitled to be paid for showing up, even if you were sent home after you arrived at work or before the end of your shift.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman

Pension Rights Vary for Full-Time Temps

Q: I worked as a full-time temporary employee for 2 1/2 years at a large corporation before I was hired as a permanent worker. I received sick time and vacation pay as a full-time temporary employee. Is there any federal law that requires the company to count my tenure as a full-time temp for pension purposes?

--M.P., Seal Beach

A: Your right to participate in the corporation’s benefit plans and the amount of your benefit, if any, depend on the terms of those plans.

If the terms expressly state that temporary employees cannot participate, you have no recourse. But if the plan does not contain such an exclusion, you should be eligible to participate if you otherwise satisfied the applicable conditions. Depending on the wording of those plans and your particular situation, your tenure as a full-time temp might be included for pension purposes.

--Kirk F. Maldonado

Employee benefits attorney

Riordan & McKinzie

Vandalism a Problem Outside the Office

Q: I believe that the Occupational Safety and Health Administration requires an employer to provide a safe working environment for its employees, but I am not sure how far this responsibility is supposed to extend.

I work for a company in an area with a lot of vandalism and other crimes. If my car is damaged or stolen when it is parked in front of the office while I am working, is my employer responsible for the cost of fixing or replacing it?

--M.M., Long Beach

A: The state Division of Occupational Safety and Health does require employers to provide a safe workplace for employees.

Its guidelines identify a number of workplace security measures that employers are expected to take. These guidelines provide that employers’ injury and illness prevention programs include a workplace security component that includes such elements as:

* A system for ensuring that employees comply with safe and healthy work practices.

* A system for communicating with employees about workplace security hazards.

* Procedures for identifying workplace security hazards.

* Procedures for investigating injury or illness resulting from workplace violence

* Practices for correcting unsafe conditions.

* Training and instruction on how to recognize workplace security hazards.

The company’s liability would probably depend on whether you are required to park in front of the office as a part of your job and whether the parking area is part of your employer’s property or owned by the city or some other entity.

If there is no alternative place for you to park or if the car is damaged on your employer’s property, you may have the right to recover out-of-pocket costs for any damage the car sustains.

On the other hand, if you choose to park on the street instead of in the company parking lot, your employer would probably not be held liable for any damage.

I suggest you discuss the issue with your employer, which may be unaware of these concerns. If your attempts to resolve the matter with your employer are unsuccessful, you should call the Division of Occupational Safety and Health of the Industrial Relations Department and ask for assistance. It can be found under state government listings in your phone book.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

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Send letters to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.