Should I be compensated for on-call time?
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Should I be compensated for on-call time?
I am looking into becoming a resident care take for an historical property. I am required to live on site and pay a reduced rent of $877.26. Work sentail managing the site on weekend public hours 12-6 Saturday and Sunday and being on call 6 pm to 7 am every night 7 day a week and 7 am to 12 pm on Saturday and Sunday When on call I am not required to be on site but must respond to call in 10 minutes and be able to return to the site with in 30 minutes.
Asked on November 27, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you are not required to be on site, you are not entitled to pay. While being on call and having to respond certainly puts some limitations on your freedom, you can still eat, sleep, exercise, socialize, shop, do chores, consume media (read, watch TV, to go a movie, etc). Therefore, you have sufficient freedom as to what to do that it is not considered work time and you do not have to be paid. When you are called in and return to work, that is when you must be paid.
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