On call server, no pay. Legal?
I am a server/waitress at a local coffeeshop. The shop used to serve only coffee, but now we have a full menu and are a full service restaurant.
Here's my problem: every night of the week, there is someone "on call" from 6pm until closing (11pm), that person HAS to be available to work if the restaurant needs them, but the restaurant does NOT have to call them in. And if you don't get called in, you don't get paid anything for your time (you do get paid if you're called in, of course). If you're on call and the restaurant calls you in, but you aren't able to come in, it counts as a no-call/no-show and you can be fired. This means, I can't work at any other job while I'm on call, because I *might* get called in to the restaurant.
I'm wondering, is this legal? This whole, "you have to be available to us, but we don't have to pay you" mentality seems wrong to me.
**added info, I was NOT asked if I wanted to be on the "on call" list, I was not informed of this when I started the job. Also, I am often on call once or twice a week.
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