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  • California "on call time" California California

    Hi..I am a mechanic for an equipment rental company. We are required to be on an "on call rotation" split between 4 people. We are required to be on call 24/7 in addition to our 40+ hour work week.We are paid 4 hours on top of our normal hourly pay. We have approximately 1 hour to respond in a local area in a company vehicle (more time if it is a farther distance. It was explained to us that for example..if we were at a movie and were needed to respond we would have to leave at the time of the call. If we were at dinner we could finish if it wasn't "too" long a response time, also we are not allowed to drink any alcohol on our on call week for the fact we cant drive a company vehicle, as per company rules.(I know the drinking thing isnt very important,just giving an example) There are other limitations that have changed as we have had different managers over time, (with different opinions) also none of this is in writing and/or in our company handbook.Questions I have...Isn't this very restrictive? Is the pay sufficient? Should it be in writing? I am also concerned with operating our company vehicles with lack of sleep i.e.: getting called out at 2 am after working a normal day shift. These are just a few of the issues we have, but these are some of the examples. Thanks in advance!!!
    Last edited by Tim Short; 03-15-2011, 08:27 PM.

  • #2
    A short answer is that this is a very subjective rule (FLSA regulation 29 CFR 785.17) that different courts call differently. There is no "bright line test". You are trying to pick out one or two factors and use those as the test, when CA courts use something more like a 6-factor test. You can download the CA-DLSE manual and start reading around 47.5.5.1.
    http://www.dir.ca.gov/dlse/Manual-Instructions.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      did u find the answer for this

      I work in the fire protection industry and face the same issue as yourself. Did you find the answer to this?

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      • #4
        DAW provided an answer. You need to read the CA regulations since it is not a one size fits all answer.

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