Legal Question in Employment Law in California
In California, what if my employer requires that I am available during business hours but does not have me work or pay me for being available? My employer verbally told me I had to be available during business hours for work. In writing they said that I could have no personal commitments during business hours without clearing them with them. During these business hours I may or not be paid depending on if they have work but I must remain available for work. Is this legal? What right do they have to dictate my schedule if they are not providing work or paying me to be available to work during these hours. How long must I remain available before I can be legally free to pursue my own interests after the time their business hours begin and they don't need me. What recourse do I have? Shouldn't I be paid if I am required to be available for their work and unable to do my own thing?
2 Answers from Attorneys
California labor laws require all hourly paid employees be paid for all hours for which they are required to be available for job-related activities. Your employer cannot restrain you from personal activities without paying you for that time.
Is this a policy imposed on your co-workers as well?
You may have the right to collect the money, plus penalties, owed to you for these hours. Depending on how many other employees are affected, you may have the right to bring a class action suit against your employer. You should consult with an attorney.
If you are interested in a consultation (no charge) please call me at 310-284-3184.
You can file a complaint for unpaid wages with the Labor Commissioner, or a civil lawsuit if the amount in question is substantial.
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