Should I be compensated for on-call time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I be compensated for on-call time?
I am looking into becoming a resident care take for an historical property. I am required to live on site and pay a reduced rent of $877.26. Work sentail managing the site on weekend public hours 12-6 Saturday and Sunday and being on call 6 pm to 7 am every night 7 day a week and 7 am to 12 pm on Saturday and Sunday When on call I am not required to be on site but must respond to call in 10 minutes and be able to return to the site with in 30 minutes.
Asked on November 27, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you are not required to be on site, you are not entitled to pay. While being on call and having to respond certainly puts some limitations on your freedom, you can still eat, sleep, exercise, socialize, shop, do chores, consume media (read, watch TV, to go a movie, etc). Therefore, you have sufficient freedom as to what to do that it is not considered work time and you do not have to be paid. When you are called in and return to work, that is when you must be paid.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.