On Call Time in California

Numerous businesses across the United States have on call employees, who are often not paid for full shifts.

In fact, a number of businesses have to determine whether or not the on call shifts needs to be paid in order to decide if the employees qualify for overtime or other minimum wage benefits.

Businesses need to do this to avoid violations against federal labor laws, and to ensure that their employees are properly compensated.

California is one of the most progressive states regarding minimum wage employees, with many businesses examining whether or not their on call policies violate state labor laws.

With regard to on call time in California, there are several principles employers should understand.

Overview of On Call Time in California

Courts generally examine the extent of control the employer has over the employee when determining whether on call time of the employee needs to be compensated.

More specifically, courts examine whether or not the employee’s movements or activities are restricted by the geographical location of the job and how much the on call schedule infringes on their personal lives.

From this, courts examine whether or not the on call time in California should be paid based on:

• Whether or not the employee was required to live on site
• Whether or not the employee’s movements were restricted based on geographical location
• Whether or not the frequency of calls was restricted
• Whether or not there was fixed time limit for the employee to respond
• Whether or not the employees would have difficulty trading on call responsibilities
• Whether or not using a pager would ease restrictions
• Whether or not the employee had been engaging in personal activities during the call in time

It is also important to note that if an employee works 24 hour shifts, sleep time may also be compensated.

This is because on call time in California would require employees to be on the premises at all times, potentially all for standby or other various reasons that would require the employee’s presence.

Additionally, employees working during on call time in California may also be be compensated, and sometimes they are paid a lower rate for controlled standby time.

In these cases, employees may just be required to be present at the location but not have any or limited occupational duties.

Furthermore, employees working during on call time in California may be compensated for travel expenses like gas and car maintenance, under specific certain circumstances.

Employees may be required to reach the destination within a certain time, which would require the use of the employee’s personal vehicle. Employees who have worked on call time in California may be eligible for compensation, and should talk to their human resources department.

If the employee is still not compensated, he or she may be able to file legal action against the employer for California labor law violations.

Potential claimants should contact a specialized lawyer to determine if they have a valid California on call lawsuit.