Legal Advice Canada

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Legal Advice for Canadians. A place to ask simple legal questions. Advice here is for informational purposes only and should not be considered final or official advice. See a local lawyer for the best answer to your questions.

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stepan@lemmy.ca

Company is implementing mandatory, uncompensated on-call (programming.dev)

submitted 7 months ago* (last edited 7 months ago) by Shouted@programming.dev to c/legaladvice@lemmy.ca

6 comments fedilink hide all child comments

Context: Salaried employee living in California, working for a fully-remote software startup.

After two years on-call is being implemented. It’s unpaid, and mandatory. With current rotations I’m looking at 10 weeks per year. On-call was not previously required, nor does it appear in my employment contract.

I’ve done some reading and it appears that as long as there aren’t overt restrictions to movement then unpaid uncall is fine.

However, they’re expecting 10-15 minute response times and you always being in a location with internet service.

Additionally, these text alerts are expected to be setup on our personal devices and phone plans. The company does not contribute towards these costs, nor do they issue work phones.

Does that constitute as overly restrictive? And if so, do I have a case?

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[–] odium@programming.dev 8 points 7 months ago (1 children)

You realize that this community is legal advice Canada, not California, right?

[–] Shouted@programming.dev 4 points 7 months ago (2 children)

I do not, as I clicked on the most active “legal advice” community when I searched. Didn’t realize instances played that important of a role.

Perhaps this community should be renamed to “LegaAdviceCanada” instead of expecting new members to know to check the instance.

[–] rbos@lemmy.ca 5 points 7 months ago

Maybe you could start a LegalAdviceUSA?

[–] jadero@lemmy.ca 1 points 7 months ago (1 children)

I agree. Personally, I go instance shopping, but if federation is actually going to work in the long run for most people, community names will have to reflect their content.

[–] corsicanguppy@lemmy.ca 1 points 7 months ago (1 children)

Yeah. Lurking before posting is just what chumps do to avoid embarrassment.

[–] jadero@lemmy.ca 1 points 7 months ago

Sure, but like it or not, that's not how people work. The people who take the time to discover and conform to the standards of a community they join will always be in the minority. If we don't account for that and take steps to reduce confusion right up front, then we just create the conditions to duplicate the toxicity that has destroyed every previous experiment in mass interpersonal communications going all the way back to BBS days.