Legal Question in Employment Law in California

Minimum wage law relating to ''On Call'' status

When making out the weekly schedule, my employer has an ''On Call'' catagory. That employee is expected to be by the phone and able to come in to work within one hour of receiving a phone call. The employer does not provide pagers or cell phones to the ''on call'' employee. Is the employer required to pay the employee any compensation for this ''on call'' day and is the requirment to report to work within one hour of the phone call legal?


Asked on 6/22/01, 10:10 am

1 Answer from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Minimum wage law relating to ''On Call'' status

You are not entitled to pay for being on call unless you are restricted in your ability to engage in other activities. If the call outs are frequent, and if you literally have to be by a phone during your on call staus, you may be entitled to compensation. You should either contact your local California Labor Commissioner's office, or consult with an attorney. There is no law prohibiting a one hour reporting time requirement.

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Answered on 6/29/01, 5:22 pm


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