Am I entitled to compensation for being on uncontrolled standby 24 hours a day, 7 days a week?

I work in California as an hourly employee for a company that is contracted to service and maintain machinery at another facility. My company is in MA, and I am the only one in California who can respond to these calls. It is worded in the contract that they must have an employee respond in a “timely manner” any time, any day, which the customer expects to be 2 hours. This has prevented me from being able to leave town or do anything that would inhibit me from being on site within two hours of a call. Is this something I should be compensated for? It has been twelve years.

Asked on May 15, 2009 under Employment Labor Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, you have agreed to do a job for a given hourly rate and you can choose to leave if you want.  You are an at will employee that can be fired for good bad or no reason at all.  You were hired based on certain terms and each year that has gone by that you performed the job is basically a contract. The employer is not requred to pay you more.  I suggsting asking for a raise.


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