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Computing Hours for On-Call Workers
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By: Michelle MacDonald
In the article, “Computing Hours for On-Call Workers”  published by Bender’s California Labor & Employment Bulletin, Associate Michelle MacDonald analyzes the ambiguity of calculating hours for on-call employees to determine if they are eligible for overtime. Generally, active employees will be paid 1.5 times their wage in excess of 8 hours a day or 40 hours a week worked; however, on-call shifts can exceed 24 hours a day including sleep time. For those who are on call, or working overtime, using Deputy’s employee time clock app might make it easier to record working hours. Using a timekeeping app can help the employee and the employer keep track of what hours have been worked, meaning the employee gets paid correctly and the correct information is on the employer’s records.
“The instance of when an on-call employee is entitled to overtime wages hinges on the extent of the employer’s control of the on-call employee’s activities during the time that he or she is waiting to be called,” says Ms. MacDonald.
To determine the employer’s control, Federal Courts adopted the “Barry Factors” to gauge prevented personal luxuries, job call frequency, geographical restrictions, and activity restrictions.
If an employer requires their on-call employees to remain on-site for an extended period of time, in uniform and unable to attend to personal emergencies, the Courts will likely grant on-call employees overtime wages.
Read more.
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Protect Your Company With Job Tickets
 Partners John Duffy and Michael Eisenbaum presented at the 2015 American Concrete Pumping Association Education Conference on April 10-11, 2015, in San Antonio, TX. Mr. Duffy and Mr. Eisenbaum led the seminar “What to Know Before You Sign Legal Contracts,” discussing the risks involved when entering into a contract and how to protect your company with your own job ticket.
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Terrorism Risk Insurance Act Explained
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 Co-Founder and Partner John Duffy presented on the Terrorism Risk Insurance Act at the 23rd Annual Tort Trial and Insurance Practice Section Insurance Coverage Litigation Committee Midyear Program in Phoenix, AZ, on February 20, 2015. Mr. Duffy explained how the Act came into effect, what it covers, and the Reauthorization Act which extends the program through 2020.
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“I contacted Gray·Duffy when I was selling my partnership in a pawnshop. This was my first experience dealing with an attorney, and when I went in for an interview, I instantly knew I was at the right place. Attorney David Fisher guided me through each step. Every time I needed to contact him, I received responses very quickly. I don’t even know the words to say how wonderful, confident, and secure I felt with Gray·Duffy. I really feel I was guided to the perfect place.“
-Sylvia Sill, Client
*These endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. |
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So You Think You Know The Law?
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True or False?
Employees are not considered under the control of their employers unless they are actively engaged in a task for the employer’s benefit.
True or False?
On-call workers cannot claim an hourly wage when they are not on their employer’s premises.
True or False?
On-call hours may be compensated as overtime if the employee is significantly restricted from engaging in personal activities.
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FTB Information Return for Out-of-State Acquisition in 1031 Exchange
For any 1031 exchange that occurs on or after January 1, 2014, a taxpayer acquiring a “like-kind” property located outside of California must file an information return with the Franchise Tax Board (FTB) for that taxable year and every year thereafter in which the gain or loss from the exchange has not been recognized. If a taxpayer fails to file such information return and tax returns, the FTB may propose to assess the amount of tax, interest, and penalties due to estimating net income from any available information, including the amount of gain.
Assembly Bill 92 (codified as Cal. Rev. & Tax Code § 24953) (law took effect June 27, 2013).
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