whats law on on-call pay.
Get Legal Help Today
Secured with SHA-256 Encryption
whats law on on-call pay.
we work at a hospital and are required to take call and respond within 40 min.tha
includes code stroke calls and or trauma and emergency cases,you can not drink or
do anything that prevents the response time.the pay for on call is 7.is this
Asked on November 21, 2016 under Employment Labor Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Under the law, a worker must be paid for time spent at the worksite, even if they're not technically working. For example, if they provide customer service by phone, then they are entitled to be paid for the time spent sitting at their desk waiting for calls. Accordingly, if an employee is required to stay at the workplace while on call, they are entitled to be paid for that time. The same is true if their job requires them to wait elsewhere during the workday. However, things may be different if a worker must be on stand-by during off-site work hours. Basically, the more restrictions an employer places on an employee's time, the more likely it is that they are entitled to be paid. The court will look at the following: where the employee can go while on call (if they must stay close to home/work); what they can do while on-call (e.g. is the employee prohibited from drinking alcohol during such time); how often is the worker called (i.e. frequently versus infrequently); and what the emloyee has to do when they are called (i.e. must they report in person immediately after being called). Basically, the tighter and more onerous the restrictions placed on them, the more likely it is that the employee 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.