On call workers in California are covered not only by federal wage and hour laws, but also by California labor laws.
Under California law, any worker who is on call to the extent of being under the control of the employer and unable to do their own private endeavors should be paid for that on call time.
Retailers Face Allegations of Breaking the Law
Forever 21 is a women’s clothing retailer that is accused of running afoul of the California laws. On call workers in California claim the company required employees to be on call for shifts. An on call employee would be required to report to work, but be sent home without performing any work.
Under California law, that person should be paid for the time dedicated to the employer.
BCBG Max Azria Group LLC is accused of similar behavior. BCBG required employees to report for on call shifts, but not to perform any duties. The employees claim they were not paid for being at work during these on call shifts.
According to California law, on call shifts in California spent at the work site are considered time worked even if the employee does nothing but wait for something to happen. The employee must be compensated at the employee’s regular rate of pay.
On Call Workers in California
Wage and hour laws that are particular to California are governed by the State of California’s Department of Industrial Relations, Division of Labor Standards Enforcement.
California Gov. Jerry Brown says in a written statement, “Am employer is obligated to pay the wages of an hourly employee for all time that the employee is under the control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”
On call workers in California are to be paid if the time is spent at the work site even if the employee does nothing but wait for something to happen.
Determining whether on call shifts in California are considered compensable if the time is spent OFF the work site depends upon several factors, including:
- Whether or not there are geographic restrictions on the employee’s movements
- Whether the frequency of work calls is unduly restrictive
- Whether a fixed time limit for the employee’s response to calls is unduly restrictive
- Whether the on call employee can easily trade on-call shifts wit another employee
- Whether and to what extent the employee engages in personal activities during on call shifts
Lawsuits Over Unpaid On Call Workers in California
Retailers, restaurant owners and other business people need to pay attention to the laws regarding on call workers in California.
Other retailers are being looked at for not paying employees for on call shift work. The Gap and its subsidiaries, PacSun, and Tilly’s are all accused of requiring employees to report to their stores for on call shifts in California and not paying them for this time.
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