Standby time pay ?

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Standby time pay ?

I’m a plumber tech and am on-call during the week between 8 am-5 pm. My company allows us to do personal activities if no work is provided but we are to respond right away and be at the job site within 2 hours. Let’s say that I didn’t have anything for 6 hours call comes in at 3 pm what happens to those other 6 hours if I’m just getting paid of job only takes an hour? I was hired as a full-time just seems like its becoming part-time

Asked on August 15, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There are three different issues here:
1) Stand-by pay--if you are free to do personal activities and to go where you want so long as you can respond within 2 hours, which is enough time to be socializing, shopping, sleeping, doing chores, exercising, etc., then that is not work time. You have more than sufficient freedom to do what you want that this is not time you have to be paid for--it's your time.
2) Can your employer change you to part time or otherwise reduce your hours? Yes, unless you had a written contract guarantying your hours. When there is no written contract, you are an "employee at will" and your employer has 100% control over your hours.
3) You should be paid for your time from the moment you get in your truck or car to get to the customer to when you get back home (assuming you drive straight back home; or if not, you could get return travel time equal to how long it would take you). Your drive time to/from your work or job site is work time.


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