What to do if my employer recently put all casual employees on permanent 24/7 on-call status?

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What to do if my employer recently put all casual employees on permanent 24/7 on-call status?

Legally can they make it mandatory for you to go into work? Secondly can they discipline you were not able to call back within the time they give to call back?

Asked on January 26, 2013 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 8 years ago | Contributor

There is nothing that prohibits an employer from putting its employees "on call."  The question is whether and how much of an employee's on-call time the company must pay for.  In California, the general rule is that employees must be compensated for the time they are "subject to the control" of the employer, whether the employees are actually working during this time or not.  The more the employees' freedom to engage in personal activities is restricted during on-call time, the likelier it is that this time is compensable "hours worked."  These determinations are highly case-specific.  Please call (213-381-6557) or email me (ari@leichterlawfirm.com) if you would like to discuss the matter further.

All the best,

Aryeh Leichter


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