Legal Question in Employment Law in California

Re: being rightfully paid

If you are an hourly employee then you must be paid for the hours spent on call on the weekend. Furthermore, the duty is on your employer to keep track of the time you work on weekend, and any records you keep of your time should be sufficient if and when you file a claim.

Your first step should be to call the labor board. They would be the fastest means of getting this issue resolved.

Re: being rightfully paid

As an hourly employee in California, any time worked over 8 hours per work day MUST be compensated.

With regards to the pager, this is considered "uncontrolled standby" time and your employer does not have to pay you as you are free to do as you wish during this time. If you respond back to work physically, that does count again as hours worked and may be overtime. Merely telling someone instructions over the phone is not compensable.

Travel time for meetings out of town must be compensated hourly.

Not paying you mileage may work out in your favor. If mileage is paid, it is considered to also reimburse you for your insurance payments which would cover you in the event of an accident or loss. IF the employer does not pay mileage, any accident or loss must be paid in full by the employer and your gasoline costs as well!

Re: being rightfully paid

If you are limited and restricted in where you can go, and how quickly you have to be available while on call, then you are probably entitled to pay, including OT. Contact me if interested in pursuing the claim.