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  • California

    Betty3-- Thank you for your help. No I am not in a Union. I am a little confused though. I have been researching the California Labor Laws for a couple of weeks now and have found some Codes that I thought were related to my issues. It's hard to find the Codes regarding On-Call/Standby employment. This one below, I'm not sure if it applys to standby employees.

    511. (a) Upon the proposal of an employer, the employees of an
    employer may adopt a regularly scheduled alternative workweek that
    authorizes work by the affected employees for no longer than 10 hours
    per day within a 40-hour workweek without the payment to the
    affected employees of an overtime rate of compensation pursuant to
    this section. A proposal to adopt an alternative workweek schedule
    shall be deemed adopted only if it receives approval in a secret
    ballot election by at least two-thirds of affected employees in a
    work unit. The regularly scheduled alternative workweek proposed by
    an employer for adoption by employees may be a single work schedule
    that would become the standard schedule for workers in the work unit,
    or a menu of work schedule options, from which each employee in the
    unit would be entitled to choose.

    I guess I'm wondering if I fall into this category or not?

    Can my employer outright fire me for not conforming? Can they make On-Call shifts mandatory, or can I just choose to not work the On-Call shifts?

    Thank you,
    *LawCuriousII

  • #2
    see http://www.laborlawtalk.com/showthread.php?t=189714 - goes with that thread started by OP.

    I'm not sure that being on-call would qualify as an alternative work week. If it doesn't, you can be terminated if you don't comply.

    Hold for DAW to come along - he's a poster from California & is a payroll person.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Lawcurious, could you keep all related questions in one thread, please? It makes it much easier for the responders to provide you with accurate answers. Thanks.
      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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      • #4
        Just because you are "on-call" does not make it an Alternative Work Schedule. What will be your normal schedule?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Agreed. AWS is legally unrelated to on-call. AWS is a very CA specific set of rules related to CA daily overtime. More information on AWS (not the the OP will like the answer) can be found in the Wage Orders (industry specfic regulations).
          http://www.dir.ca.gov/IWC/IWCArticle4.pdf

          On-call is mostly a function of federal regulations (FLSA). California mostly follows the federal rules.
          http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.17.htm

          If the OP is trying to find a rule that the employer cannot make the OP go on call and cannot fire the OP for refusing on call, no such rule exists. At best, on call says that certain hours related to on call must be paid.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thanks Patty & DAW - that's what I thought. However; since it was a payroll question (which I am definitely not an expert on), I wanted another opinion or two. Betty3
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Thanks for all the help! My regular shift will be 40+ hrs/wk with seven straight on-call days, alternating between four guys, one on call at a time.

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              • #8
                You're welcome & schedule sounds ok.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  What is the actual minium wage?

                  Comment


                  • #10
                    State minimum wage is $8.00 an hour. Some cities (San Francisco immediately comes to mind) have a higher minimum wage.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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