Legal Question in Employment Law in California
on call pay
I work for a local district hospitol and am put on call for various shifts.WE are paid a total of $3.00 for the entire twelve hours we are on call.We are required to show up within thirty minutes of being called.Is this $3.00 for the twelve hours legal seeing as how we are obligated to stay near a phone the whole twelve hours? My cell phone cost me that much.
2 Answers from Attorneys
Re: on call pay
The issue is whether you are so restricted in your personal activities that you are under the control of the employer while you are on call. This is based on your individual facts and the employer's policies. If you are deemed to be "working" you must be paid the minimum wage for all hours so engaged. If you are not deemed to be working, the $3.00 payment is lawful.
Re: on call pay
Based on the limited facts you have provided, you may have a claim for unpaid wages and penalties. However, this will depend on a number of other factors.
My office has handled several situations that are very similar to yours. If you would like to discuss this matter further contact me or any other employment attorney in your local area.
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