Legal Question in Employment Law in California
On-call compensation
My husband has recently joined an HVAC service company. He is rotated with 3 other technicians covering 24 hour ''on call'' for a week at a time, in addition to their regular 65-75 hour workweek. During the 24/7 on-call week that they cover, they are required to: Remain in the County, Answer each call within 10 minutes, Perform all requirements, paperwork and procedures as during regular shift calls, And be ''on time'' for their regular work schedule at 7 AM. This creates an incredible 14-days-in-a-row schedule once each month. Please advise as to how this labor-intensive on-call schedule SHOULD be being compensated (minimum hours, overtime levels, etc.) Thank you.
3 Answers from Attorneys
Re: On-call compensation
Unless there are facts of which I am not informed, overtime pay is to be paid for any time worked in excess of 8 per day or 40 hours per week at time and a half. Over 12 per day, double time. On call pay is likely also to be paid. Call to discuss if you wish.
Re: On-call compensation
If the employer does it correctly, you can be "on call" and be paid only for your actual work hours. A detailed review of the employer's policies, any agreements signed with the employer and your actual pay will be necessary to fully analyze this matter. Feel free to call.
Re: On-call compensation
Mandatory on call time is compensable, and you typically compute his hours on 8 + OT thereafter, 2x after 12 hours, etc. Bottom line is that if he is not being paid for his time, file a claim with the labor commissioner.
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