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When you are on call, your employer cannot harass you, discriminate against you, or otherwise abuse you, just as if you were actively at work. According to the court, don’t allow employees to routinely work for minutes off the clock without being paid — because california labor laws require pay for “all hours worked.” These hours also factor into determining overtime pay
If the employee is subject to a certain amount of control by the employer while on standby, they are owed compensation. In 2018, the california supreme court held that the de minimis rule has not been adopted by california laws This article explores key factors affecting an employer’s ability to alter schedules on short notice in california, providing clarity on employee rights and potential recourse.
For instance, if they require you to stay on the premises or be ready to respond within a narrow window of time, they significantly interfere with your autonomy.
The ruling held that requiring employees to remain on call during rest breaks violates california’s labor laws If you’re expected to be reachable or respond to calls during a break, your employer hasn’t given you a legal rest period and they owe you wages for that time.
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