QUESTION

Am I entitled to pay if I'm responding to sick calls when not clocked in (on my own phone)

Asked on Apr 02nd, 2016 on Labor and Employment - California
More details to this question:
I'm an hourly employee who is expected to deal with other employees who are calling in sick, on my own cell phone, when I'm not at work or on the clock - even on my days off. I'm expected to let my manager know, and also to call around and try to find coverage for shifts by text message, phone call, or email. I have to stay close to my laptop so that I can check the schedule and see who's available.
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1 ANSWER

Discrimination Attorney serving Westlake Village, CA at Law Offices of Stephan Math
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of course you're entitled to be paid for that time...whether or not your officially on the clock so long as you're expending time on behalf of your employer and you are an hourly non exempt employee you are entitled to be paid for that time...I suggest one of two courses of action 1. Inform your employer in writing that henceforth you will be submitting all such time as time worked and expect to be paid for it ( you could go back 3 years if you could reconstruct that time 2. The other course of action would be to contact the Labor commissioner's office and file a complaint...by the way, with respect to the first option i would include a statement of intent to confer with the Labor Commissioner's office in the event you are unable to resolve the issue...understand that every employer has the power to retaliate and it is possible that you may suffer consequences but in my opinion if that occurred it would be unlawful and entitle you to claim wrongful discharge...Stephan Math Esq
Answered on Apr 03rd, 2016 at 4:19 PM

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