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California - Question Regarding On-Call Pay California

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  • California - Question Regarding On-Call Pay California

    I work for a contract security firm as an hourly employee. My employer (the contract security firm) and client that I work for have both stated that I must be available 24/7 to handle any issues and answer any calls from any of the security guards on site. My question is, since I am hourly do I have to paid be each time I answer the phone for a work related call when I am off duty? Can I be disciplined for not answering the call?

    Any help would be greatly appreciated.

  • #2
    Originally posted by Rison View Post
    My question is, since I am hourly do I have to paid be each time I answer the phone for a work related call when I am off duty?
    Yes. Hours worked are hours worked, even at home.

    Originally posted by Rison View Post
    Can I be disciplined for not answering the call?
    Generally yes. California has very weak 7th day rules, but these have major exceptions which arguably make them "must have 4 days off every 28 days" rules.

    http://www.leginfo.ca.gov/cgi-bin/di...0&file=500-558
    CA Labor Code 554(a):
    ... Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day's rest in seven.



    You might also want to look at the following opinion letters related to on-call.

    http://www.dir.ca.gov/dlse/opinions/1994-02-16.pdf

    http://www.dir.ca.gov/dlse/opinions/1993-03-31.pdf

    http://www.dir.ca.gov/dlse/opinions/1992-01-28.pdf

    http://www.dir.ca.gov/dlse/opinions/2002-04-08.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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