What are my rights if my employer requires us to be on call 12 days on 2 days off, and while on call we cannot be more that 30 miles from the yard and cannot drink at all during those 12 days?

Is it legal for them to require this of us? We cannot go about normal life like going to dinner, birthday parties or visit family member that live more than 30 miles away. When first hired we signed a letter of agreement that we would be paid 40 hours a week minimum and just recently my employer has taken that away. We cannot have another hob during those 12 days to make up for the time we are not going to get paid for and risk being terminated if it is found that we are seeking other employment. My co-workers and I want to know if this is legal and what if anything we can do about?

Asked on October 9, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal while there obviously is an impact on or restriction on your life, you can go about most of normal life--any chores, family events, recreation, etc. that is within a 30-mile radius, which is a considerable radius. The restriction you describe is not sufficiently restrictive so as to require you to get extra pay for being on call and an employer has a right to put terms and conditions on work, such as the conditions you describe. Your employer can require this of you, and does not have to pay you extra for it. Your recourse is to seek other employment, if you don't like the working conditions of this job.


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