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Two Questions, One on Part-time and the other about a contract I signed. California

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  • Two Questions, One on Part-time and the other about a contract I signed. California

    My first question is pretty easy and straight forward, I was hired as part-time but I am label as "on-call". What does it exactly mean because the way I see it is they don't want to give me the benefits of being part-time so they have me as "on-call".
    My second question my supervisor and I signed a contract that stated if I got called in to work on a day I wasn't schedule to work I'll be getting paid 3 dollars more per hour I work than my regular wage. For example, If I get paid 9 dollars an hour and they call me in to work on a day I wasn't schedule to work I'm supposed to be getting paid 12 dollars an hour. I've gone and work several times on days I wasn't schedule and I was only paid my regular wage instead of the one that was on the contracted we signed. What can I do and what should I do since they're not holding their end of the contract.

  • #2
    On call has an extremely specific meaning in law, very different then how you are using it. It means that your time is "sufficently restricted" to the point where you can not productively consider it to be time off. There are a huge number of decisions here, including some SCOTUS decisions. It is not remotely written to cover people who work irregular hours.

    Contracts are a different type of issue. Short answer is to take the document to a local attorney who will have to actually read it. On the one hand, there is some common law support for your position. On the other hand, under common law, the employer can just change the agreement on a go forward basis. If your piece of paper is really a valid contract under CA contract law (not yet established) and if the company is really bound by something there supervisor agreed to (also not yet established) and if it really binds the employer on a go forward basis (also not yet established), then you have a possible contract law action.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank you for the information.

      I used the word "on-call" (in quotes) because when I confronted my supervisor about why haven't I been getting any benefits since my probation/trial period was over he told me that I was still on "on-call" so I wasn't going to receive anything.

      I would have to ask for a copy of the paper then since they kept it with my application when I applied.

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      • #4
        People use the word "on call" to mean many things, but legally the only definion that means anything is the one from the DOL regulations (29 CFR 785.something) and the related SCOTUS decisions. The original "on call" decison was fire fighters who had to stay in the fire house waiting for a fire to happen. SCOTUS said that these employees had their time "sufficently restricted" that they had to be paid for staying in the fire house. This was 1940s. The on call definition was expanded in the 1960s to include certain people who had to report to work very quickly, or who had to stay near a computer at their house. But it NEVER has included the sort of thing you are talking. Based on what you have said, you do not legally fall under the on call rules. What you describe is perfectly legal, and has a bunch of case law saying that it is perfectly legal. Sometimes the only cure for a bad job is to find a good job.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment

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