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Paid time for on-call technician California

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  • Paid time for on-call technician California


    I work for a company in California in the IT Department that requires me to carry a pager/phone to be on-call after I leave work. My response time must be within 30mins. The work that I do requires a computer and internet access. The company does not provide me with a laptop so I must use my own computer at home. If I am away from home and receive a call, I must drive back home to work. My question is, should I be getting compensated for the driving time? When I receive a call, when should I start the clock?

    Thanks in advance.
    Last edited by solidus175; 04-10-2008, 03:23 PM.

  • #2
    Hard to say. The rule looks to whether or not the employees use of off duty time is "seriously curtailed". The federal regulations date from the 1940s, so they are not exactly cell phone and pager specific. Both federal and CA consider this to be very much a case by case determination that looks at many factors. There is no "bright line" test per se.

    I can give the CA rule (such as it is). The following quote is from the CA-DLSE manual: Federal Cases. While there are no reported California state cases directly on point, the federal case of Berry v. County of Sonoma, 30 F.3d 1174 (9th Cir.1994), discusses the problems raised in determining, even under the broader FLSA standard, the proper application of the rule to the factual situation in each case. The County of Sonoma case set out the factors which must be considered in determining whether restrictions placed on employees during on-call hours were so extensive that such time should be deemed “hours worked” under the Fair Labor Standards Act (FLSA). According to the Court, those factors include: (1) whether there are excessive geographical restrictions on employees’ movements; (2) whether the frequency of calls is unduly restrictive; (3) whether a required response time is unduly restrictive; (4) whether the on call employee can easily trade his or her on-call responsibilities with another employee, and (6) the etent of personal activities engaged in during on-call time. (O.L. 1998.12.28)

    From The Payroll Source Book:

    "Employees who must be on-call on the employer's premises or close enough to seriously curtail their use of the time for their own purposes must be paid for the time spent on-call. But employees who merely have to leave word where they can be reached are not working while on call. W-H Reg. 29 CFR 785-17).
    Last edited by DAW; 04-10-2008, 07:40 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Thanks DAW for that quick response. The information provided was very helpful.


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