Legal Question in Employment Law in California

Is carrying a phone that has helpdesk calls going to it consider on call stand by or working time? My employer requeres ny to work on call. where we carry a cell phone that has the compnay tech support line routed to it after hours. My boss says we must answer the phone and assist the user. How should this time be paid for? only when I get a call?


Asked on 3/14/11, 1:40 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

On call is 'on call' as in phone. Unless you are salaried exempt, you are entitled to on call pay, as defined in the Labor Code's wage and hours rules. If you can't resolve it with the employer, you can file a claim with the Labor Commissioner, or can file a lawsuit. If serious about getting legal counsel to help you, feel free to contact me. You are entitled to hire an attorney for the Labor Commissioner hearings and trial, and to your fees as part of the judgment if you win.

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Answered on 3/14/11, 2:27 pm


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