Employee "On Call" or "Standby time" is Compensable in California
I handled a case on behalf of an employee who was not compensated for "on-call" or "standby time." The employee worked as a security guard and was required to provide security at construction sites or developmental properties.
For years, the employee was scheduled to work Monday through Friday, during which days he would work 16-hour consecutive shifts. Moreover, he was also scheduled to work both Saturday and Sunday, during which days he would also work 24-hour consecutive shifts. Altogether, the employee worked 7 consecutive days and over 140 hours a week. The employer failed to compensate the employee for his 16 and 24 hour shifts.
The employer committed numerous wage and hour Violations.The employee was not paid overtime for the work he performed over eight hours per day or forty hours per week, was not paid double time for work performed over twelve hours per day, was not paid time and a half his regular rate of pay for the first eight hours worked on the seventh consecutive day of work in any work week, and was not paid the regular rate for hours worked in excess of eight on the seventh day. Furthermore, he was not paid wages earned, nor was he provided meal periods or compensation in lieu thereof.
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