Ing to Title 5, Code of Federal Regulations § 550.141, standby duty is defined as a scheduled tour of duty that regularly requires an employee to remain at, or within the confines of, his or her station during longer than ordinary periods of time, a substantial part of which consists of remaining in a standby ...
Can My Employer Force Me to Be on Call In California? Your employer can't force you to sign up for a shift. However, they can make it a requirement for your continued employment. If you accept a position in an industry where these shifts are the norm, an employer will expect you to do your share of on-call time.
Typically, if an individual is working in California, they are subject to California labor laws, irrespective of where they live, including both part-time and full-time, in-state and out-of-state workers.
In general, when an individual resides in California, they are subject to California's comprehensive and protective labor laws regardless of where their employer is located. California laws also apply to those who are legal residents of other states but are working in California.
Can My Employer Force Me to Be on Call In California? Your employer can't force you to sign up for a shift. However, they can make it a requirement for your continued employment. If you accept a position in an industry where these shifts are the norm, an employer will expect you to do your share of on-call time.
In most cases, when a remote worker from one state has an employer in another state, the state where they reside has jurisdiction, meaning they follow the labor laws of the state where they live regardless of where their employer is located.
For the most part telework from another state is not allowed (there may be individual circumstances). If you are on vacation, just take vacation. Yes, your IT dept can track where you are signing in from.
The California Supreme Court has concluded that California's employment laws govern all work performed within the state, regardless of the residence or domicile of the worker.
The Professional Exemption sets out eight specific professions (law, medicine, dentistry, optometry, architecture, engineering, teaching, and accounting) that are exempt from the first 12 sections of the Wage Orders. It also addresses certain other professions, including nurses, pharmacists and software coders.