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.