Legal Question in Employment Law in California
On-Call Shifts
I work at a restaurant where we are scheduled on-call shifts. At a designated time, we must call into work to be told whether or not we must come in. A manager must give the answer, however, it is common practice that the host will relay the answer. If we do not call in, it is the same as missing a shift.
I called in and was told I was not needed, however I can't remember who I spoke with and it turns out that the person in question never notified the manager. Since that person won't step forward, management believes I did not call and is looking to fire me. I am currently on suspension.
Is this type of shift legal? Can they mandate that we call if they aren't paying us for that shift?
Please help ASAP. I need my job.
1 Answer from Attorneys
Re: On-Call Shifts
The general law is that if On-call you need to be paid, depending on certain factors. To answer your questions specifically, I need to know more facts about the on-call arrangement.
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