Legal Question in Employment Law in California

Standby Shifts

I work for BJ's restaurant and we are regularly scheduled for standby shifts, typically one per employee a week. They are listed on your schedule with a date and a time of 12pm or 6pm. Policy is that a manager may call you to come in at any time up to 12pm or 6pm and you are required to come in. Sometimes I have been given as little notice as 45 minutes to be at work. If we are not called in there is not compensation. Sometimes employees are given more than one standby shift a week. Are their laws or guidelines that control how standby shifts should operate and whether or not you should be compensated?


Asked on 9/01/09, 12:05 am

1 Answer from Attorneys
Raphael Katri Law Offices of Raphael A. Katri

Whether or not "off-site" standby or on-call time is compensable is contingent upon the existence of and degree of certain restrictions including, without limitation: the level of geographic restrictions placed on the employee, the frequency of calls, the time limit to respond to the calls, the ability to trade standy shifts with other employees and what, if any, personal activities the employee is doing while on the standby time.

Feel free to contact my office directly to discuss your particular situation in greater detail to determine to what degree, if any, the above factors may exist. If you mention LawGuru, I will provide you with a FREE consultation and may be able to take you matter on a contingency fee basis if we accept representation after reviewing the matter with you.

Raphael A. Katri, Esq.

LAW OFFICES OF RAPHAEL A. KATRI

(310) 940-2034

[email protected]

http://www.SoCalLaborLawyers.com

Read more
Answered on 9/01/09, 1:29 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California