What are my rights if I work for a plumbing company that requires me to be

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What are my rights if I work for a plumbing company that requires me to be

I am only paid 1 hour or 40 for the entire 7 days of overtime while on call. I’ve been with this company for 27 years and it has always been the same. If this company is in the wrong, by my calculations, they could potential own me over 1/2 a million dollars in back overtime pay. Could you help me with this.

Asked on April 16, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are only entitled to pay for "on call" if you are restricted to the company premises or a worksite while being on call and cannot generally go where or do what you want. If you are free to (within reason--i.e. no living the metropolitan area, since you have to be able to respond) go where you want, do what you want (e.g. chores, recreation, sleep, etc.) while on call, they do not have to pay you anything for it, since in the law's eyes, this is "your" time, not company time--so if they give you any compensation for being  "on call," you are actually ahead of the game.
They do need to pay you for any time you are actually working, so if a call comes in and you respond, you need to be paid when you are working in response to a call.


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