Get Legal Help Today
Secured with SHA-256 Encryption
I work part-time at a coffee shop and approximately
a month ago my employer made me sign a form
agreeing to be placed on-call for four hours in the
morning a couple of times per week when I’m not
scheduled to work.
I was told if I did not respond when called in I would
receive a derogatory comment in my personnel file.
On the days I’m on call I can’t do anything in case
they call me. If I do go out I have to take my
cellphone with me in case they call. I am not
reimbursed for my cellphone.
Is this legal?
Asked on December 16, 2016 under Employment Labor Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An employee must be paid for time spent at the jobsite, even if they're not technically working. However, things could be different if a worker must be on stand-by during off-site work hours. The determining factor is that the more restrictions an employer places on the employee's time, the more likely it is that they're entitled to be compensated. In this regard, courts look at the following: where the worker can go while on call (i.e. must they stay close to home/work); what they can do while on-call (e.g. are they prohibited from drinking alcohol during such time); how often is the employee called (i.e. frequently or pinfrequently); and what the emloyee has to do when they are called (i.e. must they immediately report in person after being called). Bottom line, the tighter the restrictions placed on the employee, the more likely it is that they must be paid.
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.