Legal Question in Employment Law in California

Network down time, I am on stand by, then I need to make up the hours?

We have a network that is slightly shaky to say the least, the issue is that when the network connectivity is lost, We are instructed to be on ''Stand by'' while the problem is resolved. At times we are sent home, and out on ''Stand by'' even if we have worked more than 4 hours during that work day, and if the issue is not resolved by the end of the work day, we are required to make up the time or take PTO.

Is this legal?

Also, we had a confrence in regards to his matter, and they state that as long as we are on stand by,that does not necessarilly mean that we are on the clock, and the hours missed due to down time of the network is our responsiblity to account for.

What do you think?


Asked on 7/16/02, 2:32 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Network down time, I am on stand by, then I need to make up the hours?

CA law provides that employees on 'stand-by' in many circumstances are entitled to be on the clock, even to collect overtime for it when appropriate. You should discuss your wage claim with qualified counsel and get their help filing a claim. 714-960-7584

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Answered on 7/16/02, 5:18 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Network down time, I am on stand by, then I need to make up the hours?

No. You cannot be told to stand-by in the middle of your shift and they not pay you while their network is down. Feel free to contact me to explore your options.

Thank you for your inquiry-Martin

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Answered on 7/16/02, 6:59 pm


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