Is there anything in California Labor code, or case law, that addresses whether an employer can require an employee (hourly, non-exempt, non-represented) to take a pager with him/her 24/7? Without compensation, I mean?
I’ll restate;
Can my company make me carry a pager at all times and not have to pay me for doing so? Even while on vacation, water skiing, or various other activities?
I did have a personal stake in this, but he’s backing off. Mainly due to a united opposition from my co-workers.But I remain curious.
So, has this question ever came up in CA legal circles?
I tried a search, but couldn’t make head nor tail of the stuff I did find.
Oh, yeah. I admire lawyers.
Peace,
mangeorge
mangeorge, while I can’t answer you directly, this site has some case law. (look under “overtime/on-call time”) One case appears to be from Cali. (Berry v. County of Sonoma)
From a quick perusal, I gather that the time is non compensable (is that a word?)
Hope this helps.
Thanks for the link, Klaatu.
Doesn’t look like I’ve got much in my favor, legally. Guess I’ll just have to rely on obstinateness.
There are three of us who do what we do, and none of us are agreeable to what the boss wants. It really galls me that a company can force an employee to remain available at all times and not have to pay for that service. Sorry, but my charity goes to those who need it, not to billion dollar corporations.
Kinda interesting aside;
The electricians (union contractors) at work do get paid for standby. Cool. Power to the Worker.
Peace,
mangeorge