What is the On Call Pay Policy in California?

California has a number of state labor laws that differ from federal labor laws. As the number of retailers requiring employees to work standby or on-call hours increases, on call pay policy in California has also shifted.

Some employers have changed their policies to ensure they legally comply with the on call pay policy in California, but a growing number of disgruntled employees are claiming that their employers are not properly following state labor laws with their on call policies.

So what exactly is the on call pay policy in California? For nonexempt employees, on call policy can differ based on whether they are on a controlled or uncontrolled call schedule.

If an employer uses a controlled time on-call schedule, employees are then required to remain nearby during their on-call time, even when they are not working.

Sometimes, employees are expected to remain on the premises, and in other cases they are required to remain within a very short distance, such as the coffee shop on the corner.

Essentially, controlled standby on-call hours prevent employees from effectively using their time for other purposes.

Uncontrolled on-call scheduling, by contrast, means that an employee has much more freedom to do their own activities, but is still constrained to usually a twenty-minute response time.

In these cases, employees are generally required to carry a cell phone or pager to be contacted if they are needed on a shift.

Determining whether an on-call schedule is controlled or uncontrolled is based on a few aspects of on call pay policy in California.

These include geographical restrictions on movements, required response time, the nature of the employment, and the extent that this policy affects an employee’s ability to complete personal activities during this time.

While on-call shifts in retail grow increasingly more common, many employees believe that this system is unfair and even illegal, allowing for employers to take advantage of workers.

On call scheduling, both controlled and uncontrolled, can make employees’ personal schedules, from part time jobs to kids’ schedules to errands to personal time, almost impossible to schedule. It can also cause serious financial problems.

On Call Scheduling Lawsuits

Being subjected to on call shifts in retail can make it impossible for employees to bring in even a steady, minimum-wage paycheck.

For instance, if they are required to be available full time due to on call scheduling, but actually work only part time, they are often unable to take another part time job because of their availability. These practices also complicate schooling, childcare and social lives.

The Fair Labor Standards Act was created to regulate the fair treatment of employees. Employees who have been subjected to unpaid wages, unpaid overtime or other FLSA violations, as well as violations of state labor laws such as on call pay policy in California, can sue their employers.

If you have worked for an employer that may have abused the on-call scheduling system or has otherwise violated on call pay policy in California, you may be able to file an on-call scheduling lawsuit.