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Should workers be paid for being on call?

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Brad Remillard is the founding partner at Impact Hiring Solutions, an executive search firm and training company. In his 30 years as an executive recruiter he has conducted over 10,000 interviews. He is the co-author of two books on hiring including “You’re NOT The Person I Hired.” He’s here to offer his advice to help companies hire better and candidates find a job more quickly.

Q. I work for a restaurant that requires its employees on certain days to be on call for up to two hours in case they are needed for a shift. This makes it impossible for any planning. Is the restaurant required to pay us for this time?

A. If you believe this time is controlled, I suggest first discussing the matter with human resources for input. If you still believe you should be compensated, then consider contacting the state for further clarification.

I asked Marie D. DiSante, an employment attorney who represents companies and a partner with the Irvine firm Carothers DiSante & Freudenberger, to explain.

In determining whether on-call time is compensable time, the California Division of Labor Standards Enforcement determines whether the time is “controlled” or “uncontrolled.” On-call or standby time must be compensated if it is “controlled,” but not if it is “uncontrolled” time.

Controlled

If an employee is required to remain on call on the employer’s premises or so close to the premises that the employee cannot use the time effectively for their own purposes, all such time is considered hours worked and compensable. In addition to paying for this time, the employer must add it to other working time to determine whether overtime compensation is owed. Controlled standby time may be compensated at a different rate than is paid for different kinds of work.

Uncontrolled

If an employee is not required to remain on the employer’s premises but only required to leave word at home or with the employer about where they may be reached and if the employee is sufficiently unrestricted so that the time can be spent predominantly for one’s own purposes, such time is not considered hours worked, and no compensation is owed. In addition, requiring an employee to carry a beeper device or PDA through which they are on call is considered similar to leaving word about where they can be reached and generally will not be found to interfere with the employee’s freedom. As a result, this time would not be compensable hours worked.

Q. Why should I be networking?

A. There are lots of reasons for networking when searching for new position. The primary one should be to meet the right people who can lead you to a new position. This might be a direct referral to a hiring manager or to a person who knows a person who knows the hiring manager. Either way this is why most people are networking.

Another main reason for networking is to ensure that people looking for you can find you. It sounds so obvious, but I find few of the the hundreds of executives I’ve coached ever think of this. One of every person’s goals should be to make sure enough people know you well enough to refer you. That means they know you, your skills, background, industries, functional expertise and can speak to the referring person with confidence about you. Basically, they are your sales force.
 

Do you think you work for the best workplace in Orange County?

The Orange County Register, with the help of WorkplaceDynamics LLC, is seeking nominations for the top Orange County workplaces in the large, midsize and small company categories. Anyone can make a nomination. The employer must have at least 50 workers. The workplace can be public, private, nonprofit or government.

Deadline for nominations is July 27.

The top companies in each category will be recognized in a newspaper supplement to be published in December and in an online directory. There will also be winners in special categories, such as communication, opportunities and ethics. You can read more about it and last year’s winners HERE.

To nominate a company, call 714-442-2768 or go to ocregister.com/topworkplaces.

 

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