Legal Question in Employment Law in California
On-Call Payments
I work in retail and we are
sometimes scheduled ''On Call''
shifts. We are required to call in and
hour before the shift to see if we are
needed and if so are required to come
down. No one who is ''On Call'' gets
compensated if they are not required.
It requires the employee to remain
in town for a shift that is not
guaranteed. So are employees in this
situation entitled to any payment,
even if they are not needed?
2 Answers from Attorneys
Re: On-Call Payments
On call status generally requires payment of at least a part of shift pay. If you think you are entitled, request it from the employer. If refused, you could file a claim with the Labor Commissioner. They will advise you if they think you are due pay.
Re: On-Call Payments
Whether on call time is compensable generally depends on to what degree you are prevented from engaging in other, non-work related activity. The following article I posted on my blog discusses this in more detail. I hope you find it helpful. Thanks!
http://www.sanfranciscoemploymentlawfirm.com/2008/09/compensation_and_overtime_and.html
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
