Is a retail store manager required to be on call 24/7

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Is a retail store manager required to be on call 24/7

Can a store manager be required to come back to work anytime, after scheduled 8
hour shift is completed, or on day off, can they be required to drop what they are
doing even if out of town to come back to store

Asked on June 30, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

Unfortunatley, this is legal. That is unless this action is prohibited by the terms of a union/collective baragining agreement or employment contract. Also, no form of legally actionable discrimination must be the reason for the employee's treatment. Otherwise, as an "at will" employee, their employer can set the conditions of work much as it sees fit. With the exception of airline pilots, truck drivers, some medical personel, etc. there is no limit on how many hours/days an employee can be scheduled to work. Additionally, an exempt worker (mangement) need not be paid overtime. Bottom line, the employee can either accept the conditions, complain and risk termination, or quit.


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