On-Call or Standby Work Pay Compensation

UPDATED: Sep 30, 2022

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On-Call or Standby Work Pay Compensation

I am currently working as an Armed ATM Escort where I provide a safe and secure environment for the technicians servicing ATMs around the central valley. I am paid 45 per call, am paid .25 per mile i have to drive, and sometimes I am paid hourly if they are in need of a guard when a new ATM is being installed at a bank. I average approximately 20 calls per pay period. However my position requires me to be on call 24hrs a day, 7 days a week. I can do what I want while on call status, however if a call comes in I must contact the technician on my ETA which is almost always ASAP and must reach the site in a reasonable amount of time. In order to be efficient i must have my uniform ready and close by and it consist of a firearm, duty belt, body armor, boots, etc. I do not get paid anything if no calls come in which makes it stressful because some days my pay is good and some days not so good. My calls usually come in right before it starts getting dark and will do multiple calls a night. Some calls come as early as 9am I never know. I cannot plan anything because i might get a call and if i say i am busy I sometimes told he has nobody to cover and afraid they might lose the account and will plead for me to take the call. I have to drive my own vehicle, insurance, and fuel, however the .25 per mile is reimbursed on my check. I have been doing this for approx 5 months now.

Asked on June 14, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The key is what you write when you say that "I can do what I want while on call status." Yes, there are some limitations, like the necessity to be able to respond within a reasonable amount of time; but other than that, you can evidently sleep, socialize, read, watch TV, do chores, spend family time, shop, do errands, etc. The law holds that even with the obligation to respond to call in a reasonable amount of time, if the on-call time is otherwise your own, you do not need to be paid for your on-call or standby 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.

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