On-Call Time

Am I Entitled To Pay For The Time It Takes To Report To Work?

A local restaurant had a policy of overstaffing for certain shifts. If business was slow, half of the servers would be cut and sent home without any pay for that shift. Over time, the servers began to wonder if their employer’s actions were legal.As an employee in California, you may be entitled to partial pay for reporting to work and getting cut early. Lack of proper scheduling for shifts and failure to pay reporting time pay is a violation of your rights.

Reporting Time Pay For California Employees

Our San Francisco law firm, Righetti · Glugoski, P.C., has decades of experience representing workers in wage and hour claims and class actions in California state and federal courts. As experienced lawyers, we have in-depth knowledge of the law on an employer’s obligation to pay you for reporting to work, even if you are sent home.

In California, reporting time pay is calculated based on a number of factors. If an employee shows up to work, but is only needed for some/part of the shift, he or she is entitled to a specific amount of pay. Reporting time pay in excess of 40 hours per week is not used for overtime calculations.

Get The Pay You Deserve For Your On-Call Or Stand-By Time

Some jobs require employees to be on call and available for call backs to finish or start a shift — effectively putting the employee on standby for a specific amount of time. If your job requires you to be on standby, you should know the law protects your rights, requiring your employer to reimburse you if certain conditions are met.If you think your employer is cutting corners by asking you to be on call without paying you, talking to a lawyer at Righetti • Glugoski, P.C., is the best approach. Our San Francisco law firm has a well-earned reputation for protecting the rights of workers in California state and federal courts. Since the 1990s, much of our work has involved handling wage-and-hour class actions against some of the largest employers on behalf of underpaid employees.

Just Because You’re Waiting Around Doesn’t Mean You Shouldn’t Get Paid

Employees in California may be entitled to pay for being on call, waiting around for standby call ins and for call backs to return to work shifts. However the law can be complicated, and whether or not your employer is required to reimburse you depends on your individual situation. Courts often look to the requirements your employer puts on you while you’re waiting.

For example, employers may be required to pay for your time if they:

  • Require you to be on the job site, at the office or within a few miles radius while you’re waiting
  • Require you to respond within a certain time limit
  • Make it challenging for you to trade your on-call responsibilities with another employee
  • Restrict your personal activities while you’re waiting
  • Control your travel to and from work, including requiring you to meet at a certain place and use the employer’s designated transportation

Contact Righetti · Glugoski, P.C., For A Free Consultation

There are specific situations where reporting time pay is required, but employers frequently fail to pay employees the reporting time they are owed. If this is the case, you may be able to file a claim against your employer with help from the attorneys at Righetti · Glugoski, P.C.

Please contact our firm and have an immediate, complimentary and confidential consultation with one of our skilled attorneys to discuss a potential wage and hour claim. Call 415-983-0900 or 800-447-5549 to get started.

Testimonials

"The Court is satisfied that class counsel has capably represented the class in a manner which has resulted in a settlement well received by the class and which has been approved by this court. This case presented untried issues of law."
Circle K Overtime Cases, JCCP 4267, Order on Final Approval of Class Action Settlement, Honorable William F. McDonald
"Class counsel have extensive experience litigating class actions, particularly in the area of labor and employment, and prosecuted this matter efficiently and with a high degree of professionalism. Class Counsel's costs in prosecuting this Action are hereby approved as reasonably incurred."
Lopez et al. v. Euromarket Designs, Inc., (d/b/a Crate and Barrel), Case No. BC436515 on Final Approval of Class Action Settlement, Judge Soussan G. Burguera
"Class counsel capably represented the class in a manner which has resulted in a settlement well received by the class and which has been approved by this Court. This case presented issues of law which are hardly settled in the field of wage and hour litigation and the Court recognizes that the attorneys for the class worked diligently and responsibly for the interests of the class members."
Groves et al. v. Ross Stores aka "Ross Dress for Less Stores", Case no. RG 04183362 on Final Approval of Class Action Settlement, Honorable Steven Brick
Mike and his team did a great job representing me in my case. He was professional, timely, and reliable. My wife and I are grateful for his hard work and dedication to my case. I highly recommend him. Thank you Mike.
R.K.
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I would like to express my deepest appreciation and gratitude for the outstanding work that Mike Righetti has done. He was very professional, prompt, knowledgeable and handled my case with uppermost concern, responsibility and involvement. I would strongly recommend him as your attorney. My family and I are forever thankful that we found the Righetti & Glugoski P.C. law group to manage my case. They are truly the best at what they do.
J.K.
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I recently had a issue I needed guidance with regarding exempt/non-exempt classification with a previous employer. I had not been paid for overtime hours that I had worked, prior to leaving the company. I contacted Righetti Glugoski, and quickly spoke to Matt Righetti. I was very pleased at how comfortable he and his staff made me feel. He kept me informed along every step of the way, and the whole process was very transparent. In a very short period of time, Mr. Righetti not only got me the compensation I was entitled to, but he was also able to get me penalties and fees that were owed as well. My entire experience with Matt and his firm was amazing, and I couldn't have been happier. I would highly recommend Matt and the Righetti Glugoski law firm to anyone who needs representation with a labor issue.
N.V.
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Mike was an attorney that went above and beyond for my family and I. He was dedicated and sensitve to my situation always. He fought for me even when I was tired of fighting for me. To him and all his staff I truly am so thankful.
K.D.
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Mike Rigetti was great to work with. Would recommend this firm for sure.
K.R.
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