I am a commission only sales person who sells kitchen remodeling. I receive my leads the night before for the following day. My company requires me to be on call from 8am to 8pm each day I work, in case they want me to run additional leads. Am I required by law to sit and baby sit my phone all day, and do I have the right to refuse a lead that I am given at the last minute, as it was not a part of my scheduled day?
Hi Robert,
Thank you for your question. To accurately answer it, I would need to know more about your situation. Are you exempt? Does your employer pay you for being on-call? What does your employment agreement say? Do you have an employee handbook that addresses this issue?
In general, employment in California is a matter of contract law. The employer and employee can agree to participate in an employment relationship under any lawful terms to which they both agree. If either party doesn’t like it, they are usually free to terminate the employment relationship—unless they are prohibited by contract or law from doing so. (Labor Code, § 2922 [employment in California is presumptively at-will].)
This means that employers are generally permitted to impose any job-related requirements on their employees while they are at work, as long as that requirement is both: (1) not unlawful, and (2) a reasonable requirement of the employer related to its business. (See American Federation of Labor v. Unemployment Ins. Appeals Bd. (1994) 23 Cal.App.4th 51, 56, 63 [implying that state constitutional rights might be at stake if a job requirement was unreasonable or not business related].)
If the employee doesn’t like the job-related requirement, they can quit or refuse to perform the job-related requirement. If the employee refuses to perform the job-related requirement, the employer can terminate the employment relationship (i.e., the employer can fire the employee) or punish the employee in some lawful way.
There are many, many employers in California that require their workers to remain on-call for various work duties. The lawfulness of those requirements will depend on the specific facts of the case. Again, I don’t know enough about your situation to tell you whether this requirement is legal.
It would probably be a good idea to retain an attorney to advise you about the nature of your employment relationship and the legal requirements your employer can impose.
I hope this information helps. If you would like to learn more about at-will employment in California, check out our article on the subject: What “At-Will” Employment Means Under California Law.
Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!