Are 3 hour call-in shifts or regular shifts illegal?
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Are 3 hour call-in shifts or regular shifts illegal?
I have a part-time retail job and they schedule me for call-in shifts and 3 hour long shifts is this legal? At my other job we get paid for 4 hours even if we do not work the whole 4 hours. Do I have a case against my employer?
Asked on February 23, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are an hourly employee, you must be paid for all hours actually worked. There is no obligation to pay you for more than the hours you work--so if you work for 3 hours, you would be paid for 3 hours.
Note that any time you are on-site and cannot leave the work location, that is considered work, even if you not necessarily "working" at that time (i.e. you are sitting around). However, if you are not onsite or are free to go, it is not worktime, unless you actually doing work.
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