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Is my company violating California labor laws?

#1
I work at a spa in California. It has been slow as of late. Because of this, many employees voluntarily leave early, which is fine. Employees make their own schedule and stick to what they made.

If we have a slow day and only one client at the end of the day, we still show up as normal, clock in, and wait until the client arrives. It is common for us to get more clients during the day.

Recently, I got a call from the front desk because I only had one person the next day, and was asked if I wanted to be on-call or off until it was time for my client. I asked my manager about this (I have screenshots) and the "justification" is that the clinic is losing $ and she doesn't want to fire anyone, so they're offering on-call status to us. Everyone is hired as an employee (W2).

If we choose on-call, we're not paid for the time. We only get paid when we show up for our shift/clients. Several people are ignoring the on-call bit and coming in for their shifts as normal.

I apologize if this seems jumbled/disjointed. I had a better post made and it was eaten the instant I submitted it. Gah.

Thank you for your advice.
 

FlyingRon

Senior Member
#2
THey're free to ask if you don't want to work. They're also free to tell you not to work as they have no customers for you.

If you work they are obligated to pay (regardless of whether there are customers).

The only thing possibly shady is not paying people in the "on call" status and that would depend on information you haven't provided.