Is on-call timepayable time?

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Is on-call timepayable time?

We are relief managers for a large corporation which operates retirement communities in the USA and Canada. When we are working at a community, we are required to live there. Our basic hours are 3 days at 8 hours and 2 days at 12 hours. However, on 2 of the 8 hour days and on both 12 hour days, once we are done working in the office we are still “on-call” (for a total of 4 overnights a week to be available for emergency calls from our residents). We cannot leave the community for any personal reason. Is this time that we should be compensated for?

Asked on August 17, 2011 California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 11 years ago | Contributor

You are entitled to compensation for on-call time if the restrictions placed on you render you unable to effectively engage in private pursuits such that you are subject to the control of your employer.  The fact that you are required to remain on the premises supports your position that you are entitled to compensation, but the issue is very fact-specific and determined on a case-by-case basis.  Please call (213) 381-6557 or email me (leichterlaw@gmail.com) if you would like to discuss the matter further.

All the best,

Ari Leichter

 


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