Is on call time supposed to be paid if the person was supposively on uncontrolled time?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is on call time supposed to be paid if the person was supposively on uncontrolled time?

Is on call time supposed to be paid if
the person was supposively on
uncontrolled time? Even though he gets
in trouble for not being at home when
he gets a call.

Asked on December 26, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you can do most things that you might ordinarily do in your life and control you time--that is, you can sleep, watch TV or read, do chores, eat, socialize, exercise, etc.--while on call, then even though you have to be reachable and respond if called in, the on-call time itself is not work time and you do not have to be paid. The law accepts that being on call will put some restrictions on you, but so long as you are largely free to do as you want, it is not considered work or compensible time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption