Legal Question in Employment Law in California

Re: On Call Pay

The question of on-call pay is a difficult one that has not been fully answered by the courts

in California. The legal test depends on what extent you are able to carry out your other activities during the time you are on -call -- how quickly do you have to answer the call; how quickly do you have to go into work -- is there a geographical restriction on where you can be. . . in short, how much control the employer has over you during your on-call time. As far as the requirement for you to call in, and getting paid for that, it depends on how much time that takes. . . if it's less than 5 minutes, probably no pay; if more than that, you might have a claim for overtime -- finally on the 6th and 7th days when you do respond to a call you should get paid overtime.

Re: On Call Pay

On call pay depends upon all the facts. Bottom line is that the only way you will find out the law, is to file a claim for unpaid OT and get a ruling. You will need to have documentation of your hours and pay, but it sounds like you have timesheets for that. If you are interested in doing so, contact me for help.