Legal Question in Employment Law in California

My company has a service desk where users call in to report or get help with PC issues. After hours the make us switch carrying a phone saying we are on call from Monday 5:00 AM to the following Monday 5:00.

Would this actually be considered on call since it's not our employer calling us but the service desk calls come directly to us?

Do they have to pay us for being on call? they say we are not required to be near a computer and it's best effort but we do have to respond.

What about having us on call for 7 days in a row?

Call volume is low. Maybe 1 to 2 a week.


Asked on 1/18/11, 9:44 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

"ON CALL" time and payment is always a problematic issue for such employees. You are supposed to be compensated for it, if it actually amounts to taking up your time on some regular basis. Many companies pay OT for time used. Some pay a flat amount. If you believe you are not being properly compensated, you could file a claim with the local Labor Commissioner office and get their opinion. Then, if they file a case, you can hire an attorney if desired to represent you in the hearings. If so, feel free to contact me.

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Answered on 1/24/11, 12:02 pm


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