Tags: 330pm-530pm, 930am-1130, attorney, california, employment, evening, labor, law, lawyer, legal, server, shifts, standby

standby California

On Lawyer & Legal » Employment & Labor Law

1,940 words with 6 Comments; publish: Fri, 06 Feb 2009 10:33:00 GMT; (80070.31, « »)

i am a server and we have these shifts called standby, one in the morning from 930am-1130 and one in the evening from 330pm-530pm... for these shifts you are required to answer your phone and if they need, you to have to be able to come to work in at least one hour. However, sometimes you will get called in at 830am and expected to come to work at 930am or called in before 330pm to be there that night. YOu are not paid for these standby shifts and its a 50-50 chance that you'll get called in. These shifts can be real frustrating because if you get scheduled one you cant make any plans because you dont know if you are going to get called in or not?? Does all of this sound legal? Should we be getting paid for our 2 hours that we are waiting by the phone??

thanks,

Rachel

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  • 6 Comments
    • I could have been of help, and I could have added more to my response once I got your response, but you didn't wait long enough. I agree with Christa, by the way.
      #1; Fri, 06 Feb 2009 12:52:00 GMT
    • You do not get paid to be on call.
      #2; Fri, 06 Feb 2009 12:11:00 GMT
    • Don't you have a cell phone? Very few people "sit and wait by the phone" any more.

      And semantically speaking, you aren't on stand-by, you are "on call".

      #3; Fri, 06 Feb 2009 11:33:00 GMT
    • Actually whether you are paid for on call waiting time is dependent on how restricted you are..if you dont have a cell phone and must wait by the phone that is quite restrictive. If your employer wants you to have a cell phone so you re unrestricted, then they should pay for one for you.
      #4; Sun, 08 Feb 2009 08:55:00 GMT
    • no... i am sorry, i do not own a cell phone. I am a college student and cannot afford to have that luxory. Therefor, i do "sit and wait" by the phone. I understand that it is an "on call" shift, my work has named it standby and that is why i refer to it like that? Thank you for your reply but you were of no help.
      #5; Fri, 06 Feb 2009 12:01:00 GMT
    • Thank you Christamcd! Just checking... i know there is a lot that goes on in the workplace that may or may not be legal and i just wanted to check! =)
      #6; Fri, 06 Feb 2009 12:17:00 GMT