Roseville, CA asked in Employment Law for California

Q: Can an employer require me to notify them anytime I'm not available during off hours? 24/7/365

I work as a civilian in a fire dept. and have been told that I must inform my mgr of when I will not be available during off hours. This includes nights, weekends, holidays and vacations. I'm told to be available 24/7/365. I do not get paid for on-call pay as I am exempt. I feel as though I can't even go for a drive in the mountains or swim in the ocean unless I inform my mgr first to let them know I won't be available for a certain amount of time. This seems unreasonable. Is it?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: If you are a properly classified exempt employee, there is nothing unlawful about this requirement. An exempt employee accepts the salary in exchange for a 24/7 job with responsibilities that can and often do extend beyond the normal workday. Your legal option is to quit and find a job that does not have a similar whole-life effect on you. Good luck to you.

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