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Compensation for Oncall in CA

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  • Compensation for Oncall in CA

    I currently work for a commercial Hvac and Refrigeration company who services national account chain stores. The issue us technicians are having right now is our financial controller is also are HR and she is not up to date on many of the laws so we have been having to battle her for many things. Currently every weekend one of us is oncall. The issue we are having is they are expecting us to be at home for the whole weekend to be able to respond to a call within a half hour to an hours notice. We all have families and errands we have to run on the weekends too and a half hours notice is not enough time to leave a market or retail store go home change and grab our service vehicles. We do not mind being oncal but the issue is the expectation to sit at home and give up our weekends for a possible service call because it is not guaranteed. Sorry the long story but is there a law in CA that covers this. If they require to stay home or be available that they have to compensate us even if we are not called in, because we are giving up the only time off we have to be available?

  • #2
    No state requires that you be compensated simply for being on call. Pay for being on call is only required in the case that your time is "unduly restricted". Don't you have a cell phone? Why can't you stick your cell phone in your pocket and go about your business?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Yes, we all have cell phones. The issue is we cannot go about our business when they expect us to be able to respond within a half hour to a service call. We are all okay with being on-call and standby but we are not okay with the expectation that we will just sit around waiting for a call to come in without compensation if that call never does. Then when we do run to the store and tell them we can not respond fast enough to a call that just came in, have them lecture and threaten us with write ups.

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      • #4
        You can ask the DLSE if a half-hour constitutes an undue restriction but I wouldn't hold out a lot of hope.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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