Getting Paid on-Call? Attorneys Say It Depends on These Factors…

Getting paid when you're on-call really depends on the amount of control a company has over you while on-call, say top civil attorneys. A recent California court ruling, Mendiola v. CPS Security Solutions, Inc., clarified how on-call work should be paid or not. Employees in this case were suing the employer for hours in which they were on call. The civil attorneys representing the employees had a strong case because  the employees did not have the freedoms of a worker who is off-duty when on-call.

This employment wage and hour labor case affirms that on-call employees are paid when there are significant restrictions on the employee. Specifically, the California court judge reviewed this employment case for getting paid while on-call against several factors.

California civil attorneys advise on-call employees should get paid when these factors are meant:

• On-premises living requirement
• Excessive geographical restrictions on employee's movements
• Frequency of calls is excessively restrictive
• Fixed time limit for response
• Cannot easily trade on-call responsibilities
• Use of pager, walkie talkie, or cellphone is restrictive
• Inherent restrictions in personal activities because of on-call status

The best civil attorneys know that when an employer places restrictions over the employee that don't allow for engagement in normal life activities, it is very likely the employer will have to pay the employee for all hours worked, including overtime. However, an employer that requires the on-call employee to work 24 hours but provides a comfortable place to sleep and the worker receives an uninterrupted period of 8 hours, presumably for sleep, the employer can deduct 8 hours out of the 24 hour work day. The employee should get paid for the remaining 16 hours, regardless of whether the employee is performing job duties. Attorneys say that requiring an employee to be at a work site in most instances is sufficient enough to be considered work. Though it is best to consult with a civil attorney as there are different circumstances where this does not apply.. A civil lawyer can best counsel you on how California and federal laws apply to your individual situation.

If you are an employer with on-call employees determining pay for on-call can be complicated as California and federal laws regarding paid wages for on-call hours worked differ but only slightly. You need civil attorneys in California to minimize the risks of very costly litigation and be sure you are in compliance with labor and employment laws.