Do You Get Paid for Being on Call in California?

On call scheduling in retail and food service jobs has been under scrutiny in the last few years across the nation, and especially in California and Oregon.

If you are working shifts on call in California, there are a few things you need to know about the laws governing on call work. Recently, changes have been made for workers who are on call in California and Oregon, and being aware of these changes can help make sure that you are fairly compensated for your work.

What is On Call Scheduling?

So what exactly is on call scheduling? Essentially, on call or call in scheduling is used by retail employers to require their employees to be available and nearby for work when they are not scheduled for a shift. This way, if it turns out that work is very busy and they need another employee to come into work, they can contact one of their on call employees and bring them in.

Why is On Call Scheduling Problematic?

A major concern for employees is that they may spend time on call and never get called in to work. This means that they are essentially giving up a chunk of their potential work day to their employer without actually working—and in general, employees are not compensated for the time that they are required to be available.

When employees are required to be available and nearby—ready for work at all times—when they are not actually scheduled to work, this means that they are unable to work other part-time jobs, for instance, or unable to go on errands that would take them too far away from their job’s location.

Retail and service jobs generally pay low wages, and many workers have to work other jobs as well. Requiring employees to be open to on call work can mean that making ends meet becomes that much more difficult.

How Are On Call Laws in California and Oregon Changing?

Recently, California and Oregon have both been investigating on call scheduling practices.

A recent California Court of Appeals decision addressed working on call in California and found that these practices may violate California wage and hour laws.

According to the court decision, workers scheduled for being on call in California may be entitled to compensation for on call shifts, even when they are not brought in for work during these shifts. The court noted that even when employees are required to call in for work and are not subsequently called in, they are at least entitled to reporting time pay.

In Oregon, legislation has been passed to combat problematic on call scheduling. Oregon state law in effect since July 2018 states that most retail, hospitality, and food service employees are entitled to at least seven days’ advance notice to have their schedule in writing. Changes to the schedule after it is posted entitle the worker to additional compensation. On top of this, employees cannot be required to be scheduled for on call shifts.

Can You File an On Call Work Lawsuit?

If you work on call in California or Oregon, your employee rights to fair pay may have been violated, and you may be able to file a lawsuit and pursue compensation. Top Class Actions can connect you with an experienced employment law attorney to help you evaluate whether your rights have been violated.

Join a Free On-Call Shift Lawsuit Investigation

If you work or are scheduled for on-call shifts in retail or fast food in Oregon or California, you may qualify for this on-call worker class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.