Legal Question in Employment Law in California

Must You Be Compensated for On-Call or Standby Time?

If your employer asks you to be available on an on-call basis, must he compensate you? Specifically, if you are required to stay close to home and give up time off to be available so your employer can call you in, does California law demand an employer to compensate for this? If you are asked to be available on an on-call basis and you voluntarily agree, must you be compensated?


Asked on 11/20/02, 11:12 pm

2 Answers from Attorneys

Re: Must You Be Compensated for On-Call or Standby Time?

It depends on the restrictions placed on you. If you are extremely limited during on-call times you might be entitled to compensation. Feel free to call at 805/641-6600 if you want to discuss it further.

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Answered on 11/27/02, 12:13 pm
Terry A. Nelson Nelson & Lawless

Re: Must You Be Compensated for On-Call or Standby Time?

Yes, there are statutes defining under what conditions an on-call person must be paid. You first demand payment of the employer, then file a claim with the Labor Commissioner, who will advise you if you are owed anything. You can then hire an attorney to represent you in the hearing and trial of the matter, and maybe in the wrongful termination claim if they fire you in retalitation. Contact me if interested.

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Answered on 11/27/02, 2:19 pm


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