Written by attorney Jacob Iraj Kiani | Aug 20, 2013

Call-In Pay . . . Split-Shift Pay . . . and On-Call Availability . . . Oh My!

This ain't your ordinary fairy tale . . . and let's face it . . . you ain't litte red riding hood either. But if you live in California and you have a job in which someone else employs you, or if you are an employer and you have employees, it's likely the case that you have heard of Call-In Pay, Split-Shift Pay, and On-Call Availability. But what are they really?

Kiani Law breaks it down for you to the basics:

What is Call-In Pay?

With California Call-In pay, a California employer must pay an employee a minimum of two (2) hours of pay if the Employer requires the employee to report to work on a day other than a regularly scheduled workday.

What is Split-Shift Pay?

Employees who work a schedule interrupted by an unpaid non-working period (other than a meal or rest period) may be entitled to a split-shift premium of one (1) extra hour at minimum wage for every day the employee works that schedule. This is sometimes referred to as the split-shift premium.

What is On-Call Availability?

On-Call Availability commonly refers to an On-Site Employees' On-Call Availability and typically involves the situation in which a property manager of an apartment complex, for example, lives in the building he or she manages, or in other words, lives "on-site." If such an employee is required to live on-site, the employer may place the employee "on call." The employer may lawfully require that while the employee is on call, the employee must be in audible range of the telephone and the alarm, so that the employee can respond to tenants' or clients' inquiries and emergencies.

The employer must make clear that the On-Site Employee is otherwise free to spend his or her time as he or she wishes, unless the employee is responding to an emergency of a tenant/client. Unless the employee actually responds to a tenant/client or to an alarm or emergency while the employee is on-call, such time will NOT be considered working time. The Employer, in such a situation, may lawfully provide that the On-Site and On-Call Employee will not be paid for any time that is not working time.

Additional resources provided by the author

Wage and Hour Law Glossary of Wage and Hour Terms Overtime Law FAQ Link to Overtime Law sections of CA Labor Code Which Wage Order? Index of Businesses and Occupations for Wage Order Classifications Waiting Time Penalties FAQ Deductions from Wages FAQ Minimum Wage FAQ Pay Periods and Final Wages FAQ Reporting Time Pay FAQ Tips and Gratuities FAQ Employee Handbook Resources Top Five Social Media / Internet Use Policies for an Employee Handbook Free HR Downloads Basic Employee Handbook Download Five Key Workplace Policies Every Employer Should Know Free Discipline Policy Free Non-Discrimination Policy Free Employee Handbook Acknowledgment Form Free Termination Procedures Guide Human Resources Law - General CalChamber HR California Useful Table of Which HR Laws Apply to California Employers Link to Free New Hire Forms Paid Family Leave Poster Social Security Number Verification Service Sample Technology and Cell Phone Policy Paid Family Leave Brochure Meal and Rest Period Law Meal Period and Rest Break Basics Free Human Resources Forms Free California Human Resources Downloads

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