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On-Call pay in California

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  • On-Call pay in California

    I have a delima here, I was recently working Monday - Friday 3pm - midnight and on call till 3am. Recnetly there was a shake up and now Im having to work Thrusdays - Sunday 10 hour shift and on call the remainder of the 14 hours. Im basically running the office by myself during these four days. Im in California but the company is based out of Texas. Is there any laws for compensation for on call? Currently im considered salary but not in a management position, more on the technical side of things, is there overtime if I go over my 10 hour shifts as well?

    Any help is appreciated.

    Miguel

  • #2
    Originally posted by espresso
    I have a delima here, I was recently working Monday - Friday 3pm - midnight and on call till 3am. Recnetly there was a shake up and now Im having to work Thrusdays - Sunday 10 hour shift and on call the remainder of the 14 hours. Im basically running the office by myself during these four days. Im in California but the company is based out of Texas. Is there any laws for compensation for on call? Currently im considered salary but not in a management position, more on the technical side of things, is there overtime if I go over my 10 hour shifts as well?

    Any help is appreciated.

    Miguel
    Hello. If you are salaried and management, you are most likely exempt from overtime status. Here is a link you can get more info on whether you are meet the exempt status:
    http://www.paychex.com/library/exempt.pdf

    As far as on-call time, if you are not working, you do not need to be compensated unless you must be at the work premeises during this time.
    ?On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated"

    http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      on-call / call-in shifts

      i'm in retail.. .i have 3 jobs.. .2 of them schedule me 2-4 5-6 hour regular days & a couple of on-call / call-in shifts per week.. .i get paid by the hour.. .but my manager from my other job told me that theres a new california state law that we have to get paid 2 hours by just calling if they didn't need me to come in.. .& he said it was because of the whole disneyland thing, something like that.. .but i asked both my managers from my 2 other jobs about it, they know nothing.. .so is there really such law?

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      • #4
        What you are referring to is "reporting pay", not "call-back" (the minimum of two hours). They are not the same thing. See here:
        http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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