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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hello, I am an hourly paid worker and have been required the

Customer Question

Hello, I am an hourly paid worker and have been required the expectation to be ON CALL on my days off to come in to work. My supervisor has stated to me and served me written expectation that I must be "ON CALL" during my regular scheduled days off to come in to work. Is there compensation for this status?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.
Hello and welcome,

Does the employer require that you wear a pager or must respond immediately if called in?

How quickly must you report to work if called in on your time off?

Customer: replied 6 years ago.
Did you receive my reply?
Expert:  Tina replied 6 years ago.
No. I have not received a reply from you yet.
Customer: replied 6 years ago.
The answer to your question is as follows:
I am required to have my cell phone with me and answer phone calls from my supervisor to come in to work immediately if need be during my scheduled days off from work.
Expert:  Tina replied 6 years ago.
I see.

If the employee can control the use of his time off, then the employer is not normally required to compensate the employee. If, on the other hand, the employee has no control (almost like being on "house arrest" as one person said), then the time is typically payable. This often comes down to how severely the employer restricts your time. If you cannot engage in meaningful personal activities because you must report within 15 minutes of being paged, then that would normally be too restrictive and the employer must pay at least minimum wage for the on-call time.

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Customer: replied 6 years ago.
I just sent you another question relating to the same topic.
Have you received it?
Expert:  Tina replied 6 years ago.
No. Did you post it as a new question or was it a follow-up to this question?

Customer: replied 6 years ago.
It was a follow up.
My question and statement was:
My employer does require me to respond by phone and be able to report to work immediately, which means I can't even leave town or do other personal errands.
Does this change your response and if so, what should the compensation for this status be?
Expert:  Tina replied 6 years ago.
This information does not change my response. It indicates that you should be compensated for the on-call time though.

If you are not, then you may wish to file a complaint with the state labor board.