Legal Question in Employment Law in California

Unfair on-call policy

I am a truck driver for a national food corp. They have a policy whereas anyone who is not actually scheduled to work on any given day is on-call. They call it an ''available'' list. If they try to contact you and you are not ''available'', you will receive a ''write-up''. You are allowed only three write-ups in a calender year. This is mandatory - you have no choice or say in the matter. We are NOT paid a dime for this, nor do they supply a cell phone or pager.

We have no set days off,either.

Is this legal?


Asked on 8/12/02, 2:42 am

1 Answer from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Unfair on-call policy

Employers are generally required to compensate employees who are on-call and required to come into work on immediate notice. Feel free to contact me if you want to explore further options-Martin.

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Answered on 8/12/02, 8:02 pm


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