Legal Question in Employment Law in California

employer requires ''on call'' time but distributes work elswhere.

i am required to be on call after hours. 3 drivers rotate 1,2,and 3 spots. 1st up gets all new calls, if he is on a call when another comes in it goes to #2 etc. we get commision for these ''o.t.'' calls. no call, no money but we still must be by the phone waiting. my boss does the dispatching for these calls and will at times intentionally pass over the next driver in line and give calls to another, resulting in a driver being tied to the phone, unable to do anything else, for no pay.

(i get hourly for 40 hrs & a percentage of what i do after hours). is this legal?


Asked on 1/14/04, 10:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: employer requires ''on call'' time but distributes work elswhere.

mandatory on-call time generally requires compensation. If you can't resolve it with the employer, go talk to the Labor Commissioner. If they agree it requires compensation, as I think they will, you can file a claim for the unpaid wages. The Labor Commissioner requires you present a detailed written chart or listing by week, of the weeks worked and pay received and due. If you need an attorney to help and represent you in the process of hearings and trial, contact me to discuss.

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Answered on 1/15/04, 4:39 pm


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