Are On Call Shifts Legal in California?

Any workers who are hired for a particular position might have questions about whether or not that employment position meets California labor laws. Common questions emerge around the usage of on call shifts and how these factor into the overall protections available for employees in the state of California.

What Are On Call Shifts?

Unlike a shift that the employee knows they will definitely work, an on call shift requires the employee to reserve that time for work and call in at the last minute to find out if they are expected to come in or not. Employees that are scheduled to work on call shifts are frequently given very little notice about whether or not to show up for work on a given day, though they are expected to be available during these times.

This practice is used frequently in the retail and restaurant industries because it enables employers to cut labor costs. But on call shifts have come under increasing scrutiny in recent months and years as some employees believe that they should be entitled to pay even if they were not scheduled to work.

Are Workers Owed Compensation When Not Physically Present?

A February 2019 ruling from a California appeals court found that one clothing retailer’s on call scheduling practices led to additional pay requirements per California law. In this particular situation, employees were assigned on call shifts but were not informed whether or not they would actually be working until they called into the company two hours ahead of time.

No compensation was paid for the on call time and the employees were only paid if they actually came into work. The court interpreted that employees were indeed reporting for work under the meaning of state law when they called in and were, therefore, entitled to receive payment even if they did not have to come in and work during that particular day.

This means that some workers in California could be entitled to compensation for being on a standby basis or working on call shifts. The divided panel in the recent retailer lawsuit means that an employee who calls in by phone may not have to physically report to work in order to be potentially entitled to pay.

This could mean that an employer’s scheduling practices could be changed in the coming years. Judges and lawmakers across the country have been critical in recent months about the use of on call shifts and have interpreted this to mean situations in which employees must text, call in or email in prior to the beginning of the shift to figure out whether they need to truly report.

Reporting Time Pay Basics

Until recently, no state laws restricted the use of on call scheduling. However, changes in California and other states’ laws mean that on call shifts could violate state reporting time pay laws, which means that employers have to pay a certain minimum amount to an employee who showed up to work, but does not work long enough during required minimum compensation or is not assigned in any actual work.

Problems with Inconsistent Hours Go Beyond Pay

Planning ahead for doctor’s appointments, daycare, meals or assistance with elderly family members is markedly more difficult the fewer hours a person has to find help for all these personal needs. A recent study by the sociology department at the University of California, Berkeley has shed light on this problem with on call and unpredictable work shifts.

The Shift Project is a study that began in 2016 to determine the repercussions of erratic work schedules. Approximately 84,000 workers from 80 of the biggest fast food and retail chains were surveyed regarding their schedules, financial security, health and overall well-being.

Daniel Schneider, assistant professor of sociology at the University of California, Berkeley, and Kristen Harknett, associate professor of sociology at the University of California, San Francisco, shared their findings with The Washington Post.

Of those surveyed, one in five workers was assigned a regular daytime shift. Nearly two-thirds of workers had less than two weeks’ notice regarding what their upcoming work schedule was going to be. Sixteen percent of employees surveyed said they received under 72 hours’ notice of their work schedules.

More than 25 percent of respondents said they had been subject to on call shifts during which time they may or may not be required to report to work.

The researchers said that 46 percent of those surveyed said they had at a minimum some psychological distress, which the survey explained included “nervousness, feelings of hopelessness and worthlessness, and a sense of being overwhelmed.”

When a shift was canceled, 64 percent of employees felt psychological distress, and a more erratic schedule was also affiliated with poor sleep in 74 percent of those surveyed.

If you have been underpaid according to California labor laws, you may be able to join a class action lawsuit investigation and pursue compensation.

California employment laws are often friendlier to workers than federal employment laws, and the rules regarding on call pay is no exception to that. If you have been subjected to the use of on call shift scheduling and believe that you are deprived of the necessary pay, an experienced employment lawyer may be able to help.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now