As an hourly consultant, am I supposed to be paid for on being on-call?

Asked on August 23, 2015 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The client only has to pay your agency as per it's contract with them. If you are employed by an agency but are legitimately an independent contractor of them i.e. not an employee, then you would only be paid by them the agency as per your contract. If you are an employee of the agency or should properly be considered an employee you can find the criteria for when an alleged independent contractor, or someone paid via a form 1099, should actualky be an employee, or someone paid by a W-2, on the U.S. Department of Labor website, then you would be paid xor on-call time ONLY if while on-call, you are restricted to a particular location and cannot, while waiting, engage in y i ur own activities. Putting it all together, it is unlikely that thwy need to pay you while you are on-call.

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