whats law on on-call pay.
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whats law on on-call pay.
we work at a hospital and are required to take call and respond within 40 min.tha
includes code stroke calls and or trauma and emergency cases,you can not drink or
do anything that prevents the response time.the pay for on call is 7.is this
legal ?
Asked on November 21, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Under the law, a worker must be paid for time spent at the worksite, even if they're not technically working. For example, if they provide customer service by phone, then they are entitled to be paid for the time spent sitting at their desk waiting for calls. Accordingly, if an employee is required to stay at the workplace while on call, they are entitled to be paid for that time. The same is true if their job requires them to wait elsewhere during the workday. However, things may be different if a worker must be on stand-by during off-site work hours. Basically, the more restrictions an employer places on an employee's time, the more likely it is that they are entitled to be paid. The court will look at the following: where the employee can go while on call (if they must stay close to home/work); what they can do while on-call (e.g. is the employee prohibited from drinking alcohol during such time); how often is the worker called (i.e. frequently versus infrequently); and what the emloyee has to do when they are called (i.e. must they report in person immediately after being called). Basically, the tighter and more onerous the restrictions placed on them, the more likely it is that the employee must be paid.
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