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I am trying to obtain the legal definition of standby pay:

Customer Question
Hello, I am trying...

Hello, I am trying to obtain the legal definition of standby pay:

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

Just an HR matter;

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I ascertain that an employee can not claim standby during normal business hours; because we have people on site to take care of any issues; in addition the employee went to the dentist and was paid sick leave, paid for unproductive time and I claim he should not

Submitted: 2 months ago.Category: Legal
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Answered in 4 minutes by:
12/20/2017
Lawyer: Olivia Kent, Attorney replied 2 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,276
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

On call or standby pay is defined in CA as follows: “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether required to do so or not.”https://www.calchamber.com/hrcalifornia/hr-library/pay-scheduling/wages-salaries/pages/on-call-and-standby-pay.aspx

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Customer reply replied 2 months ago
But not during normal business hours right? I would not pay an employee to standby during normal business hours because they are physically on site, is that correct?
Lawyer: Olivia Kent, Attorney replied 2 months ago

No - it wouldn't have anything to do with whether it's during normal business hours. It only has to do with requiring an employee to work OR be available to work. Think of it this way: if an employee says "you can't go to Disney World b/c you *may* need to come in" that could qualify as standby pay. Obviously I'm oversimplifying but you get the idea. IF they are on site getting paid then they're getting paid... whether to work or be available to work. I wish I could tell you otherwise but that is the law and, believe me while I don't always love what the law is, I'm not doing you any favors if I don't actually tell you what it is.

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