As a contract employee am I entitled to pay if required to work

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As a contract employee am I entitled to pay if required to work

I work as a contract employee. My employer has asked I cover weekends on call for a different department on the weekends, Saturday and Sunday 8am to 8pm. I’m required to respond within an hour to any calls or emails. I have a company issued cell phone and allowed to work from my home.

Asked on March 7, 2016 under Employment Labor Law, California

Answers:

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

Answered 5 years ago | Contributor

Whether on-call (i.e. standby time) off-site is considered compensable "hours worked" is determined by looking at what restrictions are placed on the employee. Factors to be considered include: if there are geographic restrictions places on the employee’s movements; whether a fixed time limit for response is too restrictive; are the frequency of calls is unduly restrictive; whether the on-call employee can trade their on-call responsibilities with another co-worker; and if, and to what extent, the employee engages in personal activities during such periods. d on the limited facts presented, it's not clear that such time should be compensated. At this point, you can check with your the Department of Industrial Relations or check directly with a local employment law attorney.


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