Restaurant Industry On-call use.

Get Legal Help Today

 Secured with SHA-256 Encryption

Restaurant Industry On-call use.

My work schedules shifts for on-call and are required to call
in at that scheduled time to ask if we are needed or not. Is
my employer obligated to compensate any paid time even if they
do not require me to come in during the call?

Asked on June 8, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

It depends. When determing whether or not a worker needs to be paid for on-call time, several factors come into play. They are things such as: (1) how many calls the employee gets while on-call (the more they receive, the likelier it is that they should be compensated); (2) how long does the employee have to respond to the call (the sooner they have to, the stronger the case that they should be paid); (3) where can the employee go while on-call (if they must stay within a specified distance from work, then they probably are entitled to compensation); and (4) what can the employee do during their on-call time (the more restrictions placed on them, then the greater the chance that they must be paid). If you have more questions, you can contact the Department of Industrial Relations or consult with a local employment law attorney.


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