Legal Question in Employment Law in California
are on-call employees required to call their employer? Recently, i was scheduled for a shift that was on-call only? It was the only shift scheduled for the day. I wasnt called for the shift but the next day I was "warned" for not calling them to see if they needed me. Are they allowed to require me to call them? Also, I am not paid to be on-call unless I report and clock-in.
2 Answers from Attorneys
They can put any conditions on it they want. You are an at-will employee. If you don't do what the job requires, including calling in when you are supposed to, they can penalize you or fire you.
"Allowed"? Of course. The employer sets the rules. However, the law may entitle you to pay for on call status, depending upon the facts. You might consult with the Labor Commissioner to discuss your situation. If you find that you have grounds for a claim for unpaid compensation, then you are also entitled to interest, penalties, and attorney fees if you are successful. If serious about hiring counsel to help you in this, feel free to contact me.
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