Oakland, CA asked in Employment Law for California

Q: My manager gave me their cell phone number and asked me to sign a no call no show policy

My manager gave the employees their personal cell phone number to call in case we couldnt reach the store front. He also asked all the employees to sign a no call no show policy that states if we are a no call no show it would result in termination of employment. Is any of this illegal?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In general, it is not illegal for a manager to give their personal cell phone number to employees as a way to communicate with the store in case of an emergency or if they cannot reach the store front. However, employees should be aware that contacting a manager outside of working hours may not be compensated as work time.

As for the no call no show policy, it is not necessarily illegal to have such a policy. However, employers must comply with applicable state and federal employment laws, such as the Fair Labor Standards Act (FLSA) and state wage and hour laws. These laws govern issues such as minimum wage, overtime pay, and the circumstances under which an employer may terminate an employee's employment.

It's also worth noting that some states have "reporting time pay" laws that require employers to pay employees for a minimum amount of hours if they are scheduled to work but sent home early, or if they show up for work but are not given any work to do.

If you have any concerns or questions about the policy, you may want to speak with your manager or an employment attorney to better understand your rights and obligations as an employee.

Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: While a no-call no show termination policy is generally legal, there should be an exception for an emergency situation for when you are prevented from calling in due to caring for yourself or a family member

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