California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
I should have been a little more specific.
The company is Intel, some or all information technology employees are affected, I am not certain as to all or some, seems like it could be just my particular department.
Exempt employees through pay grade 6 are compensated, pay grade 7 and above are not.
Normally the on call phone which belongs to the company is passed from one employee to the next every week.
For those that are eligible a time card must be filled out, if it is not filled out within 2 pay periods there will be no pay only comp time off.
The company has made changes to the process for reporting time (filling out the time card on the company web site) without provide notice to affected employees.
In my case they have me working so hard it is next to impossible to remember to fill out the time card.
I am pay grade 6 and entitled to on call pay.
The on call person is expected to answer the phone or return the call within one hour and to be on site if necessary within two hours to deal with whatever emergency is at hand.
Failure to comply with expectations is grounds for disiplinary action which can lead to termination.
Not all grade 7 employees are required to be on call however grade 7 and above will not receive compensation.
If the situation requires the employee to be on site, the employee could be on site for many hours until the problem is resolved.
Please let me know if there are any other details I should provide.
Good evening,I'm not sure what you are asking here---or what you are looking for. I answered your very specific questions as regards XXXXX XXXXX employer must pay on-call/standby pay.I guess I should state the obvious----that an exempt employee is exempt----whether they work 100 hours a week at the office or stand by at home the entire time. Exempt is exempt. So all that is left are non-exempt employees---and as for them I have truly answered your question.You have provided a boatload of information and I'm not sure what you expect me to do with it. The facts you presented do not change the law.Precisely, what are you trying to get at here?Doug
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).