Restaurant Industry On-call use.

My work schedules shifts for on-call and are required to call
in at that scheduled time to ask if we are needed or not. Is
my employer obligated to compensate any paid time even if they
do not require me to come in during the call?

Asked on June 8, 2017 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends. When determing whether or not a worker needs to be paid for on-call time, several factors come into play. They are things such as: (1) how many calls the employee gets while on-call (the more they receive, the likelier it is that they should be compensated); (2) how long does the employee have to respond to the call (the sooner they have to, the stronger the case that they should be paid); (3) where can the employee go while on-call (if they must stay within a specified distance from work, then they probably are entitled to compensation); and (4) what can the employee do during their on-call time (the more restrictions placed on them, then the greater the chance that they must be paid). If you have more questions, you can contact the Department of Industrial Relations or consult with a local employment law attorney.

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