Companies generally want to keep their staffing costs as low as possible. Some organizations control costs by paying workers on a salary basis. Others pay their workers on an hourly basis, which can impact the laws that apply. Employers may schedule the minimum number of hourly workers they can while meeting legal requirements or company coverage metrics. However, this practice means that one worker calling in sick can cause complications for the business.
Organizations sometimes ask certain employees to be available on call. Some people refer to on-call availability as standby availability or call-in availability. The idea is that the worker must remain available to receive communication from management. If the company needs them to come in, they need to be available to do so. Do people who have to be available to their employees on standby receive pay for that time?
California mandates pay while on-call
Workers who must be able to come in when called need to remain tethered to their mobile devices. They can’t leave for a camping trip or go swimming with their children. They can’t go to a movie or out to a bar with friends.
While they are technically not at work, the possibility of work obligations arising limits their freedom to do what they want. Regardless of whether the company calls the worker in or not, the employee should receive compensation for their time on call or on standby availability.
State regulations mandate that workers should receive at least minimum wage for all of the time they are available to their employers for on-call shifts. If the company calls the worker in, then they should receive their normal hourly wage.
Some employers try to deny workers their right to pay while on call or on standby. In such scenarios, workers may need to take legal action to get the pay that they deserve. Often, policies that affect one worker may affect many of their co-workers as well. People may be able to cooperate with other employees when they decide to take action.
Reviewing company policies and determining the overall value of lost wages can be helpful for those considering a wage and hour lawsuit. If employers don’t pay workers what they should according to state and federal laws, their employees may need to assert themselves using the legal system.