Controlled on call with no pay

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Controlled on call with no pay

I work at a company where every 2
months you are on call for a full week.
So, let’s say I work from 9am to 530pm,
then I am on call from 530pm till I go
back to work the next business day at
9am no regular work on weekends but am
on call. My company requires me to be
within a certain region, not allowed
drink, have company vehicle leave mine
at work, 2 hour response time to
calls, etc. However, they only
compensate for the time I’m actually on
a call. Is this allowed? From what I
have researched on ca labor laws, it is
not.

Asked on October 12, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no hard-and-fast rule, but based on what you write, it most likely is legal. The key is the 2 hour response time: that is sufficiently long that, coupled with the fact that while you may be required to remain within a certain "region," you are not being forced to remain on-site, that you can do the vast majority of non-work acitivies (sleeping, eating, recreation, chores, family time) without significant impediment. That in turn means that you most likely are not so restricted that your on call time would be considered to effectively be work time, since it does not appear to be the case that you are limited to doing little other than working. You could contact your state department of labor and inquire into filing a complaint, but the odds are that they will tell you that your employer does not have to pay you under the situation you describe.


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