When an employee is sent home early from a scheduled shift, the immediate question of whether they will be paid for the lost time creates significant financial anxiety. Employment law does not offer a single, simple answer that applies to every situation. The obligation an employer has to compensate an employee for time not worked is determined by a combination of factors, primarily the worker’s legal employment status and the specific state where the business operates. Answering this requires understanding the difference between two broad categories of workers and the rules that govern their compensation.
Understanding Employee Classification
The federal standard for employment, established by the Fair Labor Standards Act (FLSA), divides workers into two main categories: non-exempt and exempt. This classification is the foundational step in determining an employee’s right to pay when their shift is cut short. Non-exempt employees are generally paid an hourly wage and are legally entitled to receive overtime pay for any hours worked over 40 in a single workweek.
Exempt employees are typically salaried workers who are not eligible for overtime pay. To qualify as exempt, an employee must meet three criteria: they must be paid on a salary basis, their salary must meet a minimum threshold (currently at least $684 per week), and their primary job duties must fit into designated categories, such as executive, administrative, or professional roles. The distinction is based on whether the employee consistently meets these salary and duties tests, not just the job title. The rules for handling pay for a shortened workday differ drastically between these two groups.
Pay Requirements for Non-Exempt Employees
Non-exempt employees must be paid only for the actual time they spend working. If an employer sends a non-exempt employee home early due to slow business or lack of tasks, the employer is federally obligated to pay only for the hours recorded until the worker clocks out. Under federal law, the employer can legally reduce a worker’s pay to zero for the unworked portion of a scheduled shift.
Federal rules require compensation for time an employee is “engaged to wait,” meaning the worker is on duty but temporarily idle, such as waiting for a machine to be fixed. This differs from “waiting to be engaged,” which occurs when the employee is relieved of all duties and is free to leave the premises, as is the case when an employee is sent home. The requirement to pay for actual hours worked includes time spent on the employer’s premises performing work, even if only for a few minutes. Any additional compensation beyond this federal floor must be found in state or local regulations.
When State Laws Guarantee Minimum Pay
While federal law only requires payment for time actually worked, many states and localities have implemented “Reporting Time Pay” laws. These state-level mandates require that if a non-exempt employee reports to work as scheduled and is then sent home early by the employer, they must be compensated for a minimum number of hours. This rule is designed to offset the employee’s time and expense incurred in traveling to work only to be denied a full shift.
Reporting Time Pay is a protection in states like California and New York. In California, an employee who reports for work but is furnished with less than half of their scheduled shift must be paid for at least half of the scheduled hours, with a minimum of two and a maximum of four hours of pay. New York State law requires employees to be paid for a minimum of four hours at the basic minimum wage rate, or for the number of hours in the regularly scheduled shift, whichever is less. These laws ensure a minimum wage floor for workers who experience unpredictable scheduling.
Pay Requirements for Exempt Employees
The rules for exempt employees are defined by the “salary basis” test, requiring they receive a predetermined, fixed amount of compensation not subject to reduction based on the quantity or quality of work performed. If an exempt employee performs any work during a workweek, they must be paid their full salary for that entire week, regardless of the number of days or hours worked. Consequently, if an employer sends an exempt employee home early due to a lack of work, the employer cannot legally reduce the employee’s pay for that partial day.
The FLSA allows for deductions from an exempt employee’s salary only in specific, limited circumstances. Permissible deductions include absences of one or more full days for personal reasons or disciplinary suspensions of one or more full days for infractions of workplace conduct rules. Docking an exempt employee’s pay for a partial-day absence is prohibited, as it violates the salary basis rule and risks the employee losing their exempt status. If the employer causes the absence by sending the employee home, the employee must be paid for the full day.
How the Reason You Were Sent Home Matters
The circumstances surrounding the decision to send an employee home directly influence the employer’s pay obligations. When a facility is closed mid-day due to an unexpected event, such as a power outage or severe weather, non-exempt employees are paid only for the hours worked, unless a state’s Reporting Time Pay law applies. Exempt employees must be paid their full salary for the day, as the closure is considered an absence caused by the employer’s operating requirements.
If an employee is sent home as part of a disciplinary suspension, the rules change. A non-exempt employee’s pay stops the moment the suspension begins since they are no longer performing work. For an exempt employee, a disciplinary deduction is only permissible if the suspension is for one or more full days and is imposed for a major infraction of a written workplace rule. If an employee requests to leave early for a personal reason, the employer can stop paying the non-exempt employee immediately. An exempt employee who leaves early at their own request may have their accrued paid time off (PTO) balance reduced, but their weekly salary cannot be docked for a partial-day absence.
What to Do If You Were Not Paid Correctly
Employees who believe their pay was incorrectly calculated after being sent home should begin by documenting all relevant details. Record the exact time they reported to work, the time they were told to leave, the specific reason given for being sent home, and the name of the supervisor who made the decision. This documentation provides a factual basis for any subsequent claim.
The first step for resolution should involve raising the issue internally with the employer’s Human Resources department or a manager, often by referring to the company’s employee handbook. If the employer fails to correct the pay error, the employee can file a formal wage claim with the state’s Department of Labor or the federal Department of Labor’s Wage and Hour Division. These government agencies have the authority to investigate the claim and compel the employer to pay any wages found legally due.