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stand by shifts California

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  • stand by shifts California

    hey im new to this forum so i hope this is the right place to post this question. but anyways im a server at bjs restaurant in california and recently our managers added a shift on the schedule that is a stand by shift. so the way the shift works there is that in the morning the manager can call you any time between 930 and 1130 am to come to work to cover someone elses shift if they call in sick or no show and the same thing for at night between 330 and 530 pm. now we if we dont answer we have 15 mins to call back and an hour to show up for work. if you do not answer or do not show they call it a no call/no show and you get written up and or fired. meanwhile the person whos shift it actually was doesnt get any punishment whatsoever. so my question is are we supposed to be getting paid for the two hours that we have to put our lives on hold just in case the managers call?

  • #2
    Hard to say. What you are talking about is "on-call". The "15 minutes" to call back is probably not a big deal, but the "report to work on one hours notice" might be. California's rules are somewhat tougher then the federal rules on this subject. CA-DLSE has issued general guidelines, not hard bright-line tests. I have no reason to try to guess how CA-DLSE will view your particular situation. I am certain that CA-DLSE could not care less what my opinion is. What I can do is give you some pointers to prior opinion letters issued by CA-DLSE on this subject. If you need something more defininative, then you need to contact CA-DLSE directly and have them issue you a written opinion.

    I can also give you the general rule (such as it is). The Division does not take the position that simply requiring the worker to respond to call backs is so inherently intrusive as to require a finding that the worker is under the control of the employer. Such factors as (1) geographical restrictions on employees’ movements; (2) required response time; (3) the nature of the employment; and, (4) the extent the employer’s policy would impact on personal activities during on call time, must all be considered. The bottom-line consideration is the amount of “control” exercised by the employer over the activities of the worker.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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