Are On Call Schedules in California Legal?

Many hourly employees operate on what is called an on call schedule.

However, on call schedules in California have been under fire recently as many employees believe this is unfair treatment.

As a result, the courts have begun to ask questions about whether current on call schedules in California are fair for workers.

On Call Schedules in California

There are many ways that a worker’s schedule may be defined as “on call.”

When an employee must be available to answer phone calls after work hours, this is considered on call.

For example, doctors are on call when they must answer their phone or messages when they are not actually working.

However, many retail and food service employees have different kinds of on call schedules in California.

Often retail and restaurant employees do not know their work schedules ahead of time and may be called in to work just hours before their shifts begin.

They must be available to call in or wait for a call to find out when they are needed for work.

Because of this, they cannot schedule personal things such as doctor’s appointments or college classes. Things like arranging for child care can become impossible if employees have on call schedules like this.

Because most employees consider work “emergencies” as superior to personal issues, this kind of on call practice can create unnecessary stress in employees.

Being on call can produce stress in workers. The January 2016 reported that there is a correlation between workers’ mood levels and work availability.

Researchers asked workers about their stress levels at the end of an on-call day. They asked the employees how often they thought about work or how limited they believed their day’s activities were.

The next morning they asked them about their moods again. The workers reported lower moods the morning after being on-call compared to mornings after days they were not required to be on call.

Because of this negative effect on working families, Congress has introduced legislation to control on call schedules in California.

In July 2015, almost 80 lawmakers out of the House and Senate introduced The Schedules That Work Act which will add restrictions regarding on call schedules in California.

It would restrict employers from using on call schedules or splitting workers’ shifts. It would also not allow employers to send workers home without pay or penalize employees for requesting schedule changes.

The Retail Workers Bill of Rights also requires employers to offer part time workers more hours before they hire new employees.

 Have You Worked On Call Schedules in California?

If you have not been paid for time you have spent “on call,” this may be in violation of labor laws.

Under California law, you must be paid for at least two hours of work at your regular rate of pay for each workday that you are required to report to work — even if you are not actually put to work.

If your employer has not paid you the wages that you have earned, you should contact an employment attorney immediately. A lawyer with experience in employment law and on call scheduling practices can provide you valuable assistance.