Am I supposed to be getting paid for on-call weeks and weekends.

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Am I supposed to be getting paid for on-call weeks and weekends.

My fellow non-exempt employees and I are on-call every 3 weeks. We work for a 24/7 operation. We are a company where being down is losing money by the minute. We are required to stay in the vicinity while on-call in case we need to report to the facility. I read the DLSE definitions of

Asked on August 29, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no hard and fast rule, but as a rule of thumb, even if you have to stay in the area and/or stay sober/not drink, if you could within reason control your own time and elect whether to sleep, socialize, shop, do chores or run errands, consume media (e.g. movies, TV), exercise or play sports, etc., that is NOT considered "work time" and you do not have to be paid. (An employer could elect to pay you if it chose, but is not required to.) Only if you cannot effectively control your time to any reasonable degree or do things of your own choice would it be considered compensible work time.


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