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full time employee forced to be on call California

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  • full time employee forced to be on call California

    I am a RN in California. There are times I am told by my employer to be on call for a regular shift. The pay is $5/hr while on call. If I get called in than it becomes time and a half. But if I don't get called in than, ultimately, I have lost pay for one whole shift. Does the employer have to allow me a make-up later in the week or can they get away with this? If I was hired there to be a full time employee than do they need to give me all my hours or can they skimp out by putting me "on call"?

  • #2
    Originally posted by RNJenn View Post
    do they need to give me all my hours or can they skimp out by putting me "on call"?
    There is not a minimum number of hours they must give you under the law, although California does have a maximum that might apply in most cases.

    The company does not have to allow you to "make up" hours missed by being on call (although I am not convinced this is the case at all), but if they have coverage needed and it does not involve putting you into overtime (on call time does not count towards hours worked for overtime purposes), I am sure they will be more than happy to put you to work.

    The company is paying you to be on call which is required only if your personal activities while on call are greatly restricted (I cannot tell if they are or not) and they are paying you time and a half if you are called in. If this time and a half kicks in before you have worked 40 hours in the work week, the company is exceeding the requirements of the law. To accuse them of "skimping" seems to me to be a bit unfair.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      My employee is putting me on-call for a regular shift, not an overtime shift. They are hiring so many people that they cannot even give all our regular hours to us. For a regular shift, I do not get a choice to be on-call or go in? And what about tonight- they made me take an excused absence for a regular scheduled shift. They can do this?

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