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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
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
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