How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27887
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I would like to know about the rules / law regarding on call

Customer Question

I would like to know about the rules / law regarding on call pay for both exempt and hourly employees.

My company's practice is that once you reach a certain pay grade you are no longer eligible for on call pay.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion.

Whether standby time off the work site is compensable must be determined by looking at the restrictions placed on the employee. A variety of factors are considered in determining whether the employer-imposed restrictions turn the on-call time into compensable “hours worked.” These factors, set out in a federal case, Berry v. County of Sonoma (1994) 30 F.3d 1174, include

1. Whether there are excessive geographic restrictions on the employee’s movements;

2. Whether the frequency of calls is unduly restrictive; whether a fixed time limit for response is unfairly restrictive;

3. Whether the on-call employee can easily trade his or her on-call responsibilities with another employee; and

4. Whether and to what extent the employee engages in personal activities during on-call periods.

Essentially, if the time to respond is 30 minutes or more, and the employee can go home and has freedom of movement---not stuck at the job site----then no standby time pay is mandatory. However, they must be paid normal wages for all time they work taking calls or responding to calls from customers.

Here is a good, albeit brief, State of CA evaluation of this issue:

http://www.dir.ca.gov/dlse/CallBackAndStandbyTime.pdf



You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug
Customer: replied 1 year ago.

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.

Expert:  LawTalk replied 1 year ago.

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

Expert:  LawTalk replied 1 year ago.
Good evening Gene,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXX XXXXXXXX.

Is there anything else that I can assist you with? If not, and if you haven’t already, would you please now rate my service to you highly? Thanks in advance!

Doug

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.