On call compensation
UPDATED: Sep 30, 2022
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On call compensation
I am a salaried non-exempt service
technician with International
Paper, Mechanical Packaging
Division in California. I was told
I could not leave town in my
personal vehicle on a Sunday while
on call unless I drove my company
truck to our shop and took my own
vehicle from there. I live 11
miles from our shop in the same
direction. I intended to drive a
distance of 40 miles and be gone a
couple of hours. We do not receive
compensation for on call status
unless we are called out in a
service call. Is this unwritten
and vague policy legal?
Asked on May 13, 2017 under Employment Labor Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The policy you state is legal: it is simply a requirement that you leave the company truck where the company can access it if you are gone before you leave town on an on-call day. It is no different than making sure that if you are not around, that you leave a computer or tools at the company's location. That is not restricting your ability to do what want or go where you want sufficiently as to require them to pay compensation for that day or time.
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