Unpaid mandatory on-call shifts for wait staff: is this legal???

[kronjewele]

I am a server at a small dinner house in California. I work three days per week and am required to be on call one day per week. This entitles calling the restaurant at 4:30 p.m. to see if they need me, which prevents me from leaving town or making plans on my day off. I am also trying to start my own business outside of this restaurant job, and am unable to utilize my day off because of this policy. I am NOT PAYED FOR THIS. I am required to commit my day to this shift, but receive NO COMPENSATION. The entire wait staff is being subjected to this policy. Is this legal??

[Beth3]

Most probably. Whether on-call time must be compensated depends upon how restricted the employee's customary routine is. In actuality, you can go about your usual business on your on-call days; you just have to contact work at 4:30 to see if they need you to work that evening.

You may want to contact your State's Department of Labor to inquire further but I don't see anything in your post that indicates you must be paid. The bottom line is if you don't like the terms of your employment, you're free to see a new job elsewhere.

[LConnell]

Yes, it is legal, as long as you have the final say as to whether you come into work or not. http://www.dir.ca.gov/dlse/callbackandstandbytime.pdf