What On Call Time is Compensable?
Not every employee that is on-call will be able to collect back pay for the time that they spent on-call. In fact, many employees who are on-call can only receive compensation for the time that they spent performing the duties of their job.
However, there are some where their “off” time is never really off duty. These are the employees who cannot go home at the end of their shift, instead they sleep at the job site. This way they are closer in case something happens, and they are able to respond to any alarms or investigate problems that may arise. Because they are on premise, and they are constantly at risk of having their sleep or “off-duty” time being interrupted, the new ruling states they are never really off duty. Instead they need to be compensated for the entire time they are at the job.
Filing a Back Pay Lawsuit
Before you can file a back pay lawsuit, you need to know whether or not your job qualifies. If you simply have an on-call phone that you answer for a few hours in the evening or on the weekends, you likely do not qualify.
However, if you have to work a 24 hour shift, some of which is unpaid and to be spent sleeping, then you may be able to file a lawsuit and collect compensation for sleep time. Your end of the process is fairly simple, and you just need to gather together all of your supporting documentation. This includes paystubs, dates where you worked, noting the hours where you were at work but unable to be paid. When you have things together, you should contact an attorney from P.C.
Contact Phillips Dayes Law Firm Regarding Your Back Pay Lawsuit
You should discuss your potential lawsuit with an attorney from by calling 1-800-917-4000, or by filling out the contact form on this page. Your free, no obligation, consultation will help you determine if you do have a suit and determine what your course of action should be.
A back pay attorney with Phillips Dayes Law Firm can handle your case no matter where you live in California.