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"ON-CALL" shifts California

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  • "ON-CALL" shifts California

    I have a question about whether or not "on-call" shifts without pay are legal?
    ON-CALL shifts are given to all non-exempt employees any number given of times a week. Sometimes an entire shift is an ON-CALL shift. Also some shifts are given ON-CALL shifts before and after a scheduled shift. here are some examples of what a week schedule might look like.

    Sunday Monday Tuesday Wednesday Thursday

    (3-6) (3)6-9:30 OFF (3)4-7(9:30) OFF

    Friday Saturday

    (1-9:30) 9:30-2:30(4)

    * numbers in () are times that are considered ON-CALL

    The Frustrating part of this is that most of the time they will not use the ON-CALL portions of the shift. Yet on days where only an ON-CALL shift appears we are required to call-in to see if they are going to use those hours. Again sometimes they will and sometimes they wont. Or sometimes they say we dont need you the entire time given, like on FRIDAY, but just come in from 2-7p.m.

    Is this type of schedule legal?

    Or can the employer punish us for not calling in when we are not compensated, to see if they need us?

    Thanks again let me know if I can answer any questions.

  • #2
    It's not illegal.

    You having to call in to see if you are needed is not theoretically on-call. What type of work do you do?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      The time you are required to call in, should be compensated. The on call payment is dependent on how restricted you and among other factors.

      A labor attorney should review a copy of your agreement or emails related to policy of on call.
      "Wage and Hour Class Action Attorneys"

      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.


      • #4
        My company is paying us 4 hour to stand by for a week. I'm ok with that part. The part that gets me. For certain calls I recieve and respond to. We are not allowed to charge time to. Basically I'm a technician. I am require to be on call this week. Every time we get a call at night. we are require to call the customer back with in 20 minute to resolve the problem over the phone or go out and fix the problem. the problem is the comapny is unwilling to pay us. every time we recieve a call at night and not going out to the job. so i'm answering phone calls at night and not getting paide for it. is that even legal?


        • #5
          noob56, please start your own thread instead of hijacking a previous poster's.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            noob56 has now started their own new thread - ignore the post under this thread & do not reply to it. Thanks.
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