Should I have been paid for on call?

I was a mechanic for a company that required 1 on call night a week and 1 weekend Friday night to Monday morning a month after having performed a 9 hour shift. The shop was closed Sunday and major holidays but a mechanic was on call those days also. We were expected to acknowledge the answering service within minutes and were paid time and a half from the time we left our home to the time we got back to our home. We were not paid if we didn’t go out on a call.

Asked on September 11, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, an employer does not need to pay you for being "on call," so long as you are not restricted to their property or location while on call. If you may be at home (or with friends, or shopping, or etc.) while being on call, they only have to pay you when you are actually called out.


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