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  1. #1
    Join Date
    Mar 2010
    Location
    Los Angeles, CA
    Posts
    37

    Default Payment for for Stand-by Time and Call Backs

    My question involves labor and employment law for the state of: California

    Hi,

    I was wondering what is the minimum hourly pay for being on stand-by? I went to the wage and hour blog and it said that it should be at least the minimum wage, but did not see anything on the CA Government sites.

    My next question is: If I am on stand by and I get a call and was able to resolve the issue from home. Do they just pay me regular pay for the amount of minutes worked or they have to pay me call back pay? They reason I ask is because I do get calls at home and resolve them within 5 minutes. As a result, 5 minutes equals to $0.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Payment for for Stand-by Time and Call Backs

    Quote Quoting mnhim
    View Post
    ...it said that it should be at least the minimum wage....
    So you're telling us that you're on restricted standby, such that you cannot pursue personal activities or come and go as you please? Because....
    Quote Quoting mnhim
    If I am on stand by and I get a call and was able to resolve the issue from home.
    If you're at home, that rules out your being at the employer's premises.

    If in fact you're on restricted standby, you are paid by the hour according to your previously agreed wage. If you're in fact not on restricted standby, while you don't need to be paid for de minimis work (e.g., one call, taking one or two minutes, per shift), California's wage orders include the following provision should you have to report to your workplace:
    Quote Quoting 5. Reporting Time Pay
    (A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less than the minimum wage.

    (B) If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not be less than the minimum wage.

    (C) The foregoing reporting time pay provisions are not applicable when:

    (1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities; or

    (2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or (3) The interruption of work is caused by an Act of God or other cause not within the employer’s control.

    (D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other than the employee’s scheduled reporting time.
    The question of whether or not your standby time is restricted will generally turn on whether you are free to pursue personal interests during your standby time, even though you're required to be available by phone or carry a pager, but a full analysis can be very fact-specific.

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