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Callback/Report-In Pay: What you need to know

Callback pay applies when employees are “called back” to perform work beyond regularly scheduled hours. The Fair Labor Standards Act (FLSA) does not guarantee employees a minimum number of hours of work when they are called back. However, FLSA guidelines require that the hours they do work must be paid for at the employees' base rate or at the applicable overtime rate.
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Employers should note that in the case of an emergency, if an employee is called back to work beyond his or her usual working hours and must travel a “substantial distance,” the employer may be required to pay for the employee's travel time as well as the additional hours worked.
Report-in pay applies when employees report to work at the normal starting hour but are unable to work because of some unusual condition at the place of employment. No federal law requires employers to pay employees in this situation.
This rule is not limited to situations that are designated report-in time by an employment agreement. It applies to any situation where the employee performs work outside his regular working hours, is guaranteed pay for a minimum number of hours, and does not work the number of hours covered by the guarantee.
The courts have drawn a distinction between an employer engaging an employee to wait and an employee waiting to engage in work (Skidmore v. Swift & Co., 323 U.S. 134 (1944)). If an employer requires an employee to report to work and then wait for a certain length of time before the employer releases the employee because there is no work available, the employer may be required to pay the employee for that time.
Many states have laws that set minimum pay requirements when employees report ...

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