If you have a staff of 60 all with the same position, can you require a select few to be on-call and not apply to the rest of the staff?

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If you have a staff of 60 all with the same position, can you require a select few to be on-call and not apply to the rest of the staff?

Also, if an employee was on-call and was called in, and worked 8 hours overtime. Then called in again the following day for a few hours on the 7th day of work. Can you send them home on their first normal working day the following day 2 hours into their shift since they had double time pay the day before?

Asked on July 31, 2018 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Yes, a company can do this unless it constitutes some form of legally actionable discrimination. In other words, is the differing treatment based on an employee's race, religion, nationality, disability, age (over 40) gender, etc.? If not, then not all workers need be treated the same or even fairly. The only exception to this would be if the terms of a union agreement or employment contract provide otherwise.

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

Answered 3 years ago | Contributor

Yes, a company can do this unless it constitutes some form of legally actionable discrimination. In other words, is the differing treatment based on an employee's race, religion, nationality, disability, age (over 40) gender, etc.? If not, then not all workers need be treated the same or even fairly. The only exception to this would be if the terms of a union agreement or employment contract provide otherwise.


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