Legal Question in Employment Law in California

24 Hour On-Call Support - paid on actuals by comp time off

I am working as a Software contractor and paid hourly...my job involves 8 Hrs of regular work at company office for 5 days a week and once in Every Four week 24 Hrs of on Call Support(Including Sat & Sun). During On call, any problems with the system I will be Called and I am supposed to respond within 15 minutes. During on call If I am Called for a problem and I took 1 hr to solve it, I am required to take I hr Comp Off within one week (No money paid for this extra hr of work on Call)- Is it legal? shouldnt I be Paid for 24 hrs during I am On Call even if I am not called?...Because 15 min response time practically ties me up at home I cannot go Far wawy from home because I need specific tools to perform my work...Does this 24 Hr on call constitute as work ? How legal is it to force me to take extra Hrs as comp time not money? Any advice is highly appreciated Thanks


Asked on 6/08/05, 6:33 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: 24 Hour On-Call Support - paid on actuals by comp time off

The comp time arrangement is not legal. I would need to examine a detail of days and hours worked and paid/not paid to determine whether the claim is viable.

The On Call issue is a bit more difficult. If you are restricted in your personal activities because of the short response time then you may be entitled to pay for the hours on call. A detailed analysis will be necessary to make an accurate conclusion.

If there are others who are in the same situation and also deem the on call work to infringe on their personal activities the case may be stronger.

If you would like to discuss this further, feel free to contact me.

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Answered on 6/09/05, 12:14 pm


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