Would this be considered to be controlled or uncontrolled standby time, and am I entitled to compensation? If so, how many years back am I owed?
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Would this be considered to be controlled or uncontrolled standby time, and am I entitled to compensation? If so, how many years back am I owed?
I work in CA for a company out of state. Their contract with the customer states that in addition to having me there on-site 5 days a week, there must be someone on standby with a two hour response time 24 hours a day, 365 days a year. As I am the only employee in the state, this means me (this standby includes my sick/vacation days as there is no one to defer the work to.) I am an hourly, non-exempt employee. Being on call all the time has impacted my ability to use my free time as my own; I can’t travel, drink, or do anything that would keep me from being on site in 2 hours.
Asked on May 27, 2009 under Employment Labor Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Okay, this may be considered a multi state employment law issue and appears to be quite specialized.
Check out the following and then consult with the California Dept of Labor: http://www.dir.ca.gov/
http://www.dir.ca.gov/dlse/DLSE-FAQs.htm
https://employment-law.freeadvice.com/employment-law/california-oncall-work-policy.htm
Then try www.attorneypages.com to search for an attorney in California in employment law and then check his or her disciplinary record at www.calbar.ca.gov under attorney search.
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