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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 34884
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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We have engineers (paid hourly) who are on-call during off

Customer Question

We have engineers (paid hourly) who are on-call during off hours. Their work outside the office often will only require them to spend 5-10 minutes because often they can remote into one of the systems and make quick adjustments. How should we pay them for this time? Actual minutes spent working, rounded to the nearest 15 minutes? Not sure
JA: PayPal, Debitcard or credit card are all fine. Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: full-time
Submitted: 2 months ago.
Category: Employment Law
Expert:  LawTalk replied 2 months ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

For hourly employees who are on call, you are only required to pay them for the time they actually work responding to a "call" for service.

A CA court has ruled that in California an employer is entitled to use the nearest-tenth rounding policy if the rounding policy is fair and neutral on its face and it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked. The only thing you must be aware of is that you may not round down if it results in the employee being paid less than minimum wage. After the first 10 minutes you will round up for minutes 5 to 9 and round down for minutes 1-4.

Similarly, you may also round based on a 15 minute cycle with minutes 1-7 being rounded down and minutes 8-14 being rounded up.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 2 months ago.

Good afternoon,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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